In short: Usually not. In Florida, a landlord that has given up possession and control of the premises to a tenant is generally not liable for injuries caused by conditions inside the tenant’s business, unless it kept control or agreed to make the repairs. In Garcia v. Super Fun, Inc., a skater hurt at a Miami-Dade skating rink argued the landlord and the rink operator were really one family business; the trial court granted summary judgment to the landlord and its general partner, and the Third District affirmed without a written opinion on June 13, 2012.
The Facts
Justine Jimenez Garcia sued over an injury she suffered at a roller skating rink run by Super Fun, Inc. She also sued the landlord partnership that owned the property and a holding company that was its general partner. According to the lawyers at argument, the rink and the real estate had once been one family business. After the founder died in 2005, separate entities were created, and the rink operated under an oral lease, with a written lease coming only later.
The landlord’s side said the oral arrangement was simple: the tenant handled everything inside, and the landlord handled the roof, the exterior and the parking lot. The trial court granted summary judgment to the landlord and the general partner in August 2011, and Garcia appealed (No. 3D11-2490). The case was argued on May 30, 2012. The points below are what the lawyers argued, not findings by the court.
- Garcia argued there were disputed facts about control. Before the entities were split, the landlord side had paid to replace the rink’s carpeting and flooring, and the rink’s manager was married to one of the landlord’s general partners.
- She argued the entities were created after the founder’s death to shield the land from liability, while the same people ran both sides.
- She said she was blocked from deposing the rink’s corporate representative by a protective order, and a petition for certiorari was denied. The panel noted she did not ask for a continuance of the summary judgment hearing to get that discovery.
- The landlord argued there was no record evidence it controlled or repaired the interior after the entities were formed, that the deposition the plaintiff wanted had been blocked by the rink operator, not the landlord, and that the only testimony showed the tenant was responsible for the interior. One judge called the plaintiff’s theory a good story without record evidence to support it.
The Decision
The Third District affirmed on June 13, 2012. The ACIS docket lists the disposition as “Per Curiam Affirmed,” with no written opinion, and the mandate issued on June 29, 2012.
The affirmance leaves the summary judgment for the landlord and its general partner in place. It does not decide the claims against the rink operator, and because there is no opinion it does not announce a rule about family businesses or related landlords.
The Law
Florida generally treats a landlord that has turned over possession and control to a tenant as not responsible for injuries on the leased premises caused by conditions the tenant controls. Exceptions include a landlord that keeps control of the area, agrees in the lease to make repairs, or knew of a dangerous condition when it turned the property over. Common areas the landlord keeps are a different matter.
Summary judgment is governed by rule 1.510. Current law (2026): effective May 1, 2021, the Florida Supreme Court amended rule 1.510 to adopt the federal summary judgment standard, which asks whether the evidence could lead a reasonable jury to find for the nonmoving party. The amended rule also lets a party who needs more discovery ask the court to defer ruling, by showing why facts essential to its opposition are unavailable. Garcia was decided under the older standard, which was considered harder for the moving party to meet.
Lessons
- Suing the landlord as well as the business is common, but the claim needs evidence that the landlord kept control, agreed to repair, or knew of the hazard.
- Family ties and shared history between landlord and tenant are not proof of control by themselves. Get documents: leases, repair invoices, payments, and who made decisions.
- If you need discovery to oppose summary judgment, ask the court to postpone the hearing and explain why. Do not count on an appellate court to fix it later.
- Landlords should put the allocation of repair and maintenance duties in a written lease.
- A per curiam affirmance decides only this case.
Source: Garcia v. Super Fun, Inc., No. 3D11-2490 — Fla. 3d DCA docket (per curiam affirmed June 13, 2012).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
📜 They Split the Company After He Died — But Who Still Controlled the Property?
Read the Law on FloridaRules.net
The statutes and court rules discussed in this article, free to read on FloridaRules.net:
Go Deeper
- A Landlord’s Renovation Without Permits and the Tenant’s Building-Code Claim (Comptech v. Milam Commerce Park)
- Apartment Lease Arbitration Clause Covers a Tenant’s Common-Area Fall (Mid-America v. Gonzalez)
- Commercial Lease Fights in Florida: Lockouts, Holdovers and One Word in the Lease
Frequently Asked Questions
Can I sue the landlord if I get hurt at a business in Florida?
You can name the landlord, but a landlord that gave up possession and control to the tenant is usually not liable for conditions inside the tenant’s space. You generally need evidence that the landlord kept control, agreed to make repairs, or knew of the danger. In Garcia v. Super Fun, summary judgment for the landlord was affirmed.
Is a landlord responsible for repairs inside a commercial tenant's space?
Only if the lease or another agreement makes it responsible, or if it keeps control of that area. In Garcia, the testimony was that under an oral lease the tenant handled the interior and the landlord handled the roof, exterior and parking lot.
Does it matter if the landlord and the business are owned by the same family?
Not by itself. Related ownership may help show control, but you still need evidence of how the landlord actually acted. In Garcia, the plaintiff’s argument that the entities were one family business did not defeat summary judgment.
What can I do if I need more discovery before a summary judgment hearing?
Ask the court to defer ruling and explain what discovery you need and why. Under the current version of rule 1.510, a nonmoving party can show by affidavit or declaration that essential facts are unavailable. In Garcia, the panel noted the plaintiff did not seek a continuance.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
