In short: Not by itself. A letter warning tenants that they will eventually need to relocate is not a constructive eviction when the tenant could have stayed through its lease and chose to leave early. In In-Time, Inc. v. Metromall Partners, Ltd., a commercial tenant in a Miami-Dade building moved out months before its lease ended and sued its landlord for relocation costs and higher rent elsewhere. The trial court ruled for the landlord after a bench trial, and the Third District affirmed without a written opinion on May 10, 2017.
The Facts
In-Time, Inc. leased space in the Metromall building in Miami-Dade County. Its lease ran through October 2012. In late 2011 the landlord, Metromall Partners, Ltd., sent all tenants a letter saying they would need to vacate because of problems with the building that were beyond the landlord’s control. The letter did not set a move-out date.
In-Time moved out on March 30, 2012, about seven months before its lease expired, and returned its keys on April 10, 2012. It then sued for breach of the lease, seeking its relocation expenses, the difference between its old rent and its new rent, and its security deposit. The case was tried to the judge without a jury in 2016. As the lawyers described it at argument, the judge ruled for the landlord at the close of the evidence on every count except the security deposit, which he treated as moot after the landlord handed over a deposit check in open court.
The points below are what the lawyers argued and what they said the trial record showed. They are not findings by the appellate court.
- In-Time argued the letter forced it out. Its lawyer said the landlord’s representative admitted at trial that the city had told the landlord the building would not be brought into compliance and that all tenants would have to leave, and that maintenance stopped after the letter went out.
- The panel pressed back: the escalator and elevator problems existed before the letter, In-Time was on the first floor, and another tenant stayed in the building until about two months after In-Time’s lease would have ended. Several judges asked why the lease itself was not the landlord’s “invitation” to stay.
- The landlord argued it was glad to let tenants leave early, never demanded more rent, offered to help In-Time relocate, and that In-Time moved across the street. On the deposit, it said checks were made available within 30 to 60 days of move-out. In-Time answered that no check was ever delivered until trial, and that the landlord never answered a request for admissions on the deposit, so the point should have been deemed admitted.
The Decision
The Third District affirmed on May 10, 2017. The ACIS docket lists the disposition as “Per Curiam Affirmed,” with no written opinion. The same day the court granted the landlord’s motion for appellate attorney’s fees, sent the amount back to the trial court, and denied In-Time’s fee motion. The mandate issued May 26, 2017.
Because there is no opinion, the affirmance does not tell us which argument decided the case. It means the judgment for the landlord stands. It does not announce a rule that a relocation letter can never support a constructive eviction claim.
The Law
Commercial leases in Florida fall under part I of chapter 83, which section 83.001 says covers nonresidential tenancies. Constructive eviction is mostly a common-law doctrine. In general, a tenant must show that the landlord’s acts or failures made the premises unfit for the use they were leased for, and that the tenant left because of it within a reasonable time. A tenant who leaves while the space is still usable, by choice, usually cannot claim it was evicted.
After a bench trial, an appeals court does not reweigh the evidence. If competent, substantial evidence supports the trial judge’s view of the facts, the judgment generally stands. That is why the panel kept asking whether testimony about the other tenant who stayed was enough to support the judge’s conclusion that In-Time was invited, not forced, to leave.
In a nonjury trial, the motion a defendant makes after the plaintiff rests is a motion for involuntary dismissal under rule 1.420(b), not a directed verdict. One judge asked whether it was a problem that the trial judge made credibility findings at that stage. The landlord’s lawyer answered that both sides had already rested.
Two other rules came up. Under rule 1.370, a request for admissions is deemed admitted if it is not answered within 30 days, although the court can allow an admission to be withdrawn or amended. And the residential security deposit deadlines in section 83.49 do not apply to commercial leases; the lease controls. Here the lease said the deposit was due back 10 days after the end of the term.
Lessons
- A landlord’s letter about future plans is not the same as being forced out. If you can still operate in the space, leaving early is usually your choice and your cost.
- If you think conditions are driving you out, document them and put the landlord on written notice before you move. A constructive eviction claim is built on proof that the space became unusable.
- Read the lease’s deposit, early termination and relocation provisions before you negotiate a move. Commercial deposits are governed by the lease, not the residential deposit statute.
- Losing a lease appeal can mean paying the other side’s appellate fees, as In-Time did here.
- A per curiam affirmance without an opinion settles only that case.
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.
Landlord's Letter Telling Tenants to Relocate: Constructive Eviction Before the Lease Expired?
Read the Law on FloridaRules.net
The statutes and court rules discussed in this article, free to read on FloridaRules.net:
Go Deeper
- Leaky Roof Killed the Deli: Lost Profits, Not Market Value (Katz Deli v. Waterways Plaza)
- Tenant Left Early, Landlord Held Out for Higher Rent: Mitigation Under § 83.595 (Lieber v. Miller)
- Tenant Loses Deposit Claim but Beats $40K Counterclaim: Who Pays Fees? (Carson v. Perkins)
Frequently Asked Questions
What counts as constructive eviction in Florida?
Generally, the landlord’s conduct or failure to act must make the premises unfit for the purpose they were leased for, and the tenant must move out because of it within a reasonable time. In In-Time, the trial court ruled for the landlord, and the Third District affirmed without an opinion.
Can I break my commercial lease if the landlord says the building is closing?
Not automatically. If the space is still usable and the lease still gives you the right to stay, leaving early may be treated as your decision, not an eviction. Get any early termination or relocation deal in writing before you move.
How long does a commercial landlord have to return a security deposit in Florida?
Whatever the lease says. The 15-day and 30-day deadlines in section 83.49 apply to residential tenancies, not commercial ones. The In-Time lease required return within 10 days after the end of the term.
What happens if the other side ignores my requests for admissions?
Under rule 1.370, a matter is admitted if the other side does not answer within 30 days, but the court may allow the admission to be withdrawn or amended. In-Time argued the landlord’s unanswered admissions should have decided the deposit issue; the appeal was affirmed without an opinion.
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.
