Franchi v. Dominic

District Court of Appeal of Florida

Franchi v. Dominic

612 So. 2d 687, 1993 Fla. App. LEXIS 207, 1993 WL 10831

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1993

DocketNo. 92-01313

StatusPublished

This text of 612 So. 2d 687 (Franchi v. Dominic) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franchi v. Dominic, 612 So. 2d 687, 1993 Fla. App. LEXIS 207, 1993 WL 10831 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

In this action by appellant/landlord against appellee/tenant for breach of a commercial lease, the trial judge found that appellant had breached the essential terms of the lease so that appellee would have been entitled to terminate the lease had he given proper written notice. Although appellee did not give proper written notice before he terminated the lease, the trial judge found that appellee had given appellant’s property manager ample actual notice of appellant’s failure to adequately perform the covenants of the lease so as to entitle appellee to terminate. Where the failure of a landlord to perform covenants of a lease render the premises untenable for the purposes of the tenant, the tenant may abandon the premises without liability for further rent. See Rosen v. Needelman, 83 So.2d 113, 114 (Fla.1955); Masser v. London Operating Co., 106 Fla. 474, 145 So. 79, 83 (1932). The trial judge here so determined. The trial judge further found that appellant was entitled to recover one month’s rent from appellee. The trial judge obviously awarded one month’s rent in lieu of the written notice. We affirm.

CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

In this action by appellant/landlord against appellee/tenant for breach of a commercial lease, the trial judge found that appellant had breached the essential terms of the lease so that appellee would have been entitled to terminate the lease had he given proper written notice. Although appellee did not give proper written notice before he terminated the lease, the trial judge found that appellee had given appellant’s property manager ample actual notice of appellant’s failure to adequately perform the covenants of the lease so as to entitle appellee to terminate. Where the failure of a landlord to perform covenants of a lease render the premises untenable for the purposes of the tenant, the tenant may abandon the premises without liability for further rent. See Rosen v. Needelman, 83 So.2d 113, 114 (Fla.1955); Masser v. London Operating Co., 106 Fla. 474, 145 So. 79, 83 (1932). The trial judge here so determined. The trial judge further found that appellant was entitled to recover one month’s rent from appellee. The trial judge obviously awarded one month’s rent in lieu of the written notice. We affirm.

CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.

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Bluebook (online)

612 So. 2d 687, 1993 Fla. App. LEXIS 207, 1993 WL 10831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franchi-v-dominic-fladistctapp-1993.

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