Landlord/Tenant Dispute in Broward County: 4th DCA – April 15, 2015

Are you thinking about leasing a property in Palm Beach?    You may want to read what the Fourth District Appeal Court said in a recent case, Griffin Industries, LLC v. Dixie Southland Corp.

Know Your Rights When Leasing a Property in Palm Beach:

• Before leasing a property in Broward County, inspect the property to see if any illegal conditions exist.

What is an illegal condition?

• In Miami, certain building permits are required in order to perform construction work. An example of an illegal condition on a property in Miami is a structure, such as a storage shed, that was built without the required building permit.
• If you later discover that the property you have leased has an illegal condition that was not visible when you inspected it, the landlord is required to correct the illegal condition.

If I am a tenant, how can I terminate a lease agreement?

• A tenant may terminate a lease in Broward County if the property is unsafe, unfit, or unsuitable for use. This is based on a theory called “constructive eviction.”
• An example of a constructive eviction in Palm Beach: A landlord’s failure to add insulation to correct loud music and vibration that interfered with the tenant’s business, despite the tenant’s repeated requests, is considered a constructive eviction in Palm Beach County.

• Griffin Industries, LLC v. Dixie Southland Corp., is a recent case involving the lease of acommercial property in Broward County.
• The tenant in this case wanted to terminate the lease agreement.
• But, the tenant failed to provide evidence that the commercial property had any illegal conditions. The tenant also could not prove that the leased property was unsafe, unfit, or unsuitable.
• So, the tenant could not terminate the lease based on a constructive eviction and lost the case against the landlord.
• To read a free online copy of this legal opinion, click here.