CYRILL SIEWERT, APPELLANT,
v.
GERARD W. CASEY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a landlord's arbitrary refusal to consent to a sublease, when the lease requires approval but provides no standards, violates the implied covenant of good faith, excusing the tenant's further performance.
[1] A landlord may not arbitrarily withhold consent to a sublease when the lease requires landlord approval without specifying standards for such approval, due to the implied…
[2] A blanket refusal by a landlord to consent to any sublease, when the lease requires landlord approval, constitutes an unreasonable withholding of consent and a violation…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA tenant sought to sublease the property due to moving, but the landlord refused. The tenant vacated and stopped paying rent. The landlord sued for un…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Competent Substantial Evidence Standard Of Review cases and more on FLexlaw
Cyrill Siewert (the “landlord”) appeals from a final judgment in favor of Gerard Casey (the “tenant”). The landlord sued the tenant for damages resulting from the tenant’s early termination of a residential lease. Following a non-jury trial, the trial court found that the landlord arbitrarily refused to allow a sublease of the property, despite a clause in the lease permitting a sublease with prior approval by the landlord. The trial court further found that because the landlord arbitrarily withheld consent, the tenant was no longer obligated to perform under the lease. On appeal, the landlord argues that the trial court’s final judgment was not supported by competent, substantial evidence. We disagree and affirm the final judgment.
On January 23, 2006, the parties entered into a residential lease agreement. The lease term was April 1, 2006 to September 30, 2007. The agreement contained a clause relating to assignments and subleases:
ASSIGNMENT. Tenant ... may not assign the lease or sublease all or any part of the Premises without first obtaining the Landlord’s written approval and consent to the assignment or sublease.
In June of 2006, the tenant notified the landlord of his intent to move back to New York at the end of the year. Extensive oral and written communications and negotiations occurred over the next six months with respect to a resolution of the situation. Ultimately, a sublease was not created. The tenant vacated the property in December of 2006 and stopped paying rent.
The landlord sued the tenant for unpaid rent, late payment charges, and unpaid utility charges.1 The tenant counterclaimed, arguing that the landlord breached his duty to mitigate any harm he might suffer from the tenant’s premature termination of the lease.
A non-jury trial was held on June 29, 2010. The evidence consisted of the landlord’s and tenant’s testimony, the landlord’s realtor’s deposition testimony, and a *1116handful of written communications between the landlord and the tenant.
In its final judgment, the trial court found that the landlord issued a blanket refusal to allow any sublease thereby excusing the tenant’s continued performance under the lease.
On appeal, the landlord only takes issue with the trial court’s factual findings. We review the trial court’s factual findings for competent, substantial evidence. See, e.g., Reimbursement Recovery, Inc. v. Indian River Mem’l Hosp., Inc., 22 So.3d 679, 682 (Fla. 4th DCA 2009) (“The standard of review applicable to the trial court’s factual findings is whether they are supported by competent, substantial evidence.”).2 To this end, we find no error.
When a lease contains a boilerplate clause requiring the landlord’s consent for any proposed sublease—without specific standards governing the landlord’s approval—the landlord may not then arbitrarily withhold approval of a sublease. This stems from the implied covenant of good faith which “exists in virtually all contractual relationships.” Speedway SuperAmerica, LLC v. Tropic Enters., Inc., 966 So.2d 1, 3 (Fla. 2d DCA 2007). “The implied obligation of good faith performance has been applied in the context of lease provisions requiring a landlord’s consent to a tenant’s assignment of a lease.” Id. at 4; see also Fernandez v. Vazquez, 397 So.2d 1171 (Fla. 3d DCA 1981).
In the instant case, the sublease provision in the lease provided no standards which the landlord was to utilize in determining whether to approve or reject a sublease. Therefore, the implied obligation of good faith performance is applicable to the sublease provision at issue in this case.
The trial court concluded that the landlord refused to enter into any sublease. A landlord’s blanket refusal to consent to any sublease, when the lease provides that the landlord must give approval before a sublease can be created, is by definition unreasonable and therefore a violation of the covenant of good faith.
We recognize that some evidence was presented which conflicted with the notion that the landlord refused to enter into a sublease. However, it is well established that
It is the role of the finder of fact, whether a jury or a trial judge, to resolve conflicts in the evidence and to weigh the credibility of witnesses. Great deference is afforded the finder of fact because it has the first-hand opportunity to see and hear the witnesses testify.
Ferry v. Abrams, 679 So.2d 80, 81 (Fla. 5th DCA 1996). So long as competent, substantial evidence supports the trial court’s factual findings, we will not in essence offer a second trial on appeal by reweighing the evidence. Here, competent, substantial evidence supported the trial court’s conclusion that the landlord made a blanket refusal to enter into any sublease. Therefore, we affirm.
Affirmed.
GROSS and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Diwakar v. Montecito Palm Beach Condo. Ass'n, Inc., 143 So. 3d 958 (Fla. 4th DCA 2014)…essments. According to Diwakar, the amount she owed for the regular monthly assessments, accruing from July 2010 through January 2013, was $13,602.20. We review the trial court’s factual findings for competent substantial evidence. Siewert v. Casey, 80 So. 3d 1114, 1116 (Fla. 4th DCA 2012) (citation omitted). We have reviewed the record and cannot find justification for the $20,976.12 awarded for delinquent monthly maintenance assessments. The account history, coupled with the testimony of the Association’s…
-
Airsman v. Airsman, 179 So. 3d 342 (Fla. 2d DCA 2015)…n interpretation. As the majority correctly notes, the trial court conducted a full evidentiary hearing, and it is the province of the trial court to assess the credibility of each witness and resolve conflicts in the evidence. See Siewert v. Casey, 80 So. 3d 1114, 1116 (Fla. 4th DCA 2012). Further, we are bound to interpret the evidence and all reasonable inferences therefrom in the light most favorable to the trial court’s conclusion. See Smith Barney Inc. v. Potter, 725 So. 2d 1223, 1224-25 (Fla. 4th DCA 1…
-
Neiditch v. Neiditch, 187 So. 3d 374 (Fla. 5th DCA 2016)…45 So. 3d 22, 24-25 (Fla. 2d DCA 2010)): “So long as competent substantial evidence supports the trial court’s factual findings, [the appellate court] will not in essence offer a second trial on appeal by re-weighing the evidence.” Siewert v. Casey, 80 So. 3d 1114, 1116 (Fla. 4th DCA 2012). Ultimately, Former Wife testified from her personal knowledge as to the premarital balance; - thus, contrary to Former Husband’s argument, there was competent, substantial evidence as to the factual basis for that classif…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr., 749 So. 2d 490 (Fla. 1999)
- Fernandez v. Vazquez, 397 So. 2d 1171 (Fla. 3d DCA 1981)
- Speedway Superamerica, LLC v. Tropic Enters., Inc., 966 So. 2d 1 (Fla. 2d DCA 2007)
- Ferry v. Abrams, 679 So. 2d 80 (Fla. 5th DCA 1996)
- Mari Haueter-Herranz v. Agustin Miguel Torres Romero, 975 So. 2d 511 (Fla. 2d DCA 2008)
- Reimbursement Recovery, Inc. v. Indian River Mem'l Hosp., Inc., 22 So. 3d 679 (Fla. 4th DCA 2009)