CUSTOM MARINE SALES, INC
v.
BOYWIC FARMS, LTD AND BROWARD REALTY CORPORATION
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When a commercial lease unambiguously waives rent until the landlord completes specified improvements and the landlord has not completed those improvements, no rent is due and the trial court errs in ordering the tenant to deposit rent into the court registry.
[1] A commercial lease provision waiving rent payments until the completion of specified improvements is enforceable according to its plain language when the improvements are…
[2] A trial court errs in ordering a tenant to deposit rent payments into the court registry when no rent is due under the terms of the lease agreement.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Landlord shall be deemed to have delivered possession of the Premises to Tenant when Landlord has given Tenant ten (10) days' written notice that Landlord has substantially completed . . . the required improvements. . . rent shall be waived for the period between the Effective Date and the date on which Landlord delivers possession of the Premises to Tenant.”
Lease paragraph 8 describing the conditions for delivery of possession and rent waiver
Boywic Farms leased commercial property to Custom Marine under a lease that waived rent until Boywic Farms completed improvements to the property and …
The full statement of facts, procedural history, and disposition for this case are member content.
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KUNTZ, J.
Custom Marine Sales, Inc. (“Custom Marine”) appeals a non-final order requiring it to deposit rent payments into the court registry. It argues that the trial court erred in ordering it to deposit rent pursuant to section 83.232, Florida Statutes (2017), because there is no rent due under the applicable lease. The commercial lease agreement at issue included a provision waiving rent payments until the completion of certain improvements. Because those improvements were not completed, we reverse.
Boywic Farms, LTD (“Boywic Farms”) agreed to lease a commercial property to Custom Marine. Under paragraph 8 of the lease, Boywic Farms needed to complete improvements to the property before delivering possession. The lease included the following in its definition of “delivery”: “Landlord shall be deemed to have delivered possession of the Premises to Tenant when Landlord has given Tenant ten (10) days’ written notice that Landlord has substantially completed . . . ” the required improvements. Paragraph 8 also provides that “rent shall be waived for the period between
2
the Effective Date and the date on which Landlord delivers possession of the Premises to Tenant.”
The language of the lease agreement is clear. When the language of a contract is unambiguous, it must be enforced based on its plain language. Hahamovitch v. Hahamovitch, 174 So. 3d 983, 986 (Fla. 2015). It is undisputed that Boywic Farms waived required rent payments until it completed the improvements provided for in paragraph 8 of the lease. Further, it is undisputed that it did not complete those improvements. Thus, there were no rent payments due under the lease agreement and the court erred in ordering Custom Marine to deposit payments into the court registry.
Reversed and remanded. CIKLIN and KLINGENSMITH, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Authorities Cited
- Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015)