CB INSTITUTIONAL FUND VIII, APPELLANT,
v.
GEMBALLA U.S.A., INC., APPELLEE
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A landlord who retakes possession of leased premises for the tenant's account, as permitted by the lease, may accelerate future rent payments.
A landlord sued a tenant for unpaid rent on a commercial lease. The trial court granted summary judgment for the landlord on most claims but denied ac…
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PER CURIAM.
Appellant (landlord) brought an action against the tenant for failure to pay rent on a commercial lease. The final summary judgment in favor of the landlord granted all relief sought except for accelerated future rent and other charges for the balance of the lease term, to which exception the landlord takes exception.
The trial court, relying on Geiger Mutual Agency, Inc. v. Wright, 233 So. 2d 444 (Fla. 4th DCA 1970), concluded that landlord’s taking possession of the leased premises precludes acceleration of future rent. Indeed, Geiger does say that, but in that case the landlord “resumed exclusive possession of the property for his own use _” Id. at 447 (emphasis supplied). We agree that under those circumstances acceleration is not permitted. As set forth in Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So. 2d 346 (1944), upon a tenant’s breach the landlord may (1) terminate the lease and take possession of the premises for his own account, or (2) take possession of the premises for the account of the tenant and hold the tenant liable for damages (less any mitigation) for future rents due, or (3) do nothing and sue for rent as installment(s) become due.
Here, the landlord took possession of the premises for the account of the tenant, as indicated in the unrefuted affidavit in support of the landlord’s motion for summary judgment. Under such circumstances, acceleration is appropriate and the lease provides for such remedy (reduced to present value however. In this instance a formula for calculating present value is set forth in paragraph 27.2 of the lease). See Colonial Promenade v. Juhas, 541 So. 2d 1313 (Fla. 5th DCA 1989).
Accordingly, we reverse and remand for modification of the summary final judgment consistent with this opinion.
ANSTEAD and GLICKSTEIN, JJ., and MARTIN D. KAHN, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Vibrant Video, Inc. v. Dixie Pointe Assocs., 567 So. 2d 1003 (Fla. 3d DCA 1990)…llments under the lease less the amount due from the reletting. See Kanter v. Safran, 99 So. 2d 706, 707 (Fla.1958); see generally Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So. 2d 346 (1944); CB Institutional Fund VIII v. Gemballa U.S.A., Inc., 566 So. 2d 896 (Fla. 4th DCA 1990).…
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Suntrust Bank v. DAX KEY W. Grills OF Fla., Inc., 757 So. 2d 1281 (Fla. 4th DCA 2000)…of damages because disputed issues of material fact exist as to whether appellant took possession of the premises after evicting appellees for its own account or for the account of the tenant. See CB Institutional Fund VIII v. Gemballa U.S.A., Inc., 566 So. 2d 896, 897 (Fla. 4th DCA 1990); Geiger Mut. Agency, Inc. v. Wright, 233 So. 2d 444, 447 (Fla. 4th DCA 1970); Williams v. [*1282] Aeroland Oil Co., 155 Fla. 114, 20 So. 2d 346 (1944). REVERSED and REMANDED. KLEIN, STEVENSON and HAZOURI, JJ., concur.…
Authorities Cited
- Williams v. Aeroland OIL Co., 155 Fla. 114 (Fla. 1944)
- Geiger Mut. Agency, Inc. v. Louella F. Wright, 233 So. 2d 444 (Fla. 4th DCA 1970)
- Colonial Promenade v. Juhas, 541 So. 2d 1313 (Fla. 5th DCA 1989)