MILES J. BIELEK AND O. CONSTANCE BIELEK, HIS WIFE, APPELLANTS,
v.
DRS. BIELEK, BIRELY AND SALERNO, P. A., ET AL., APPELLEES
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Miles Bielek, a member of a professional medical association and lessor of commercial property, appealed a judgment awarding the association damages for relocation expenses and increased leasehold costs. The court reversed the damage award, holding that because the association voluntarily vacated the premises despite a protective agreement, there was no wrongful eviction and thus no basis for damages.
The court held that damages for wrongful eviction and relocation expenses should not be awarded because there was no wrongful eviction. The written agreement protected the tenant's right to remain, and the tenant's decision to move was voluntary, not compelled by the landlord.
[1] A tenant who voluntarily vacates leased premises cannot recover damages for wrongful eviction or relocation expenses.
[2] An agreement between a landlord and tenant guaranteeing the tenant's right to remain on the premises until a dispute is settled does not constitute a wrongful eviction if…
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“If a tenant is wrongfully evicted, he may bring an action against the landlord for damages.”
Establishes the general rule allowing recovery for wrongful eviction.
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Join FLexlaw to unlock all legal intelligenceMiles J. Bielek was a member of and lessor of property to the professional association Drs. Bielek, Birely & Salerno, P.A. In spring 1974, a dispute a…
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MINER, Associate Judge.
This is an appeal from a final judgment of the Circuit Court of Broward County, Florida.
At all times material hereto the plaintiff-appellee, Drs. Bielek, Birely & Salerno, P.A., was a professional association comprised of Miles J. Bielek, Beverly R. Birely and George R. Salerno. The defendant-appellant, Miles J. Bielek, was the lessor of certain commercial property where the plaintiff conducted its business.
In the spring of 1974, the members of the professional association became embroiled in a dispute. Thereafter, the defendant tried to evict the plaintiff from the demised premises. The plaintiff then brought suit to determine its rights under the lease. In addition, the plaintiff obtained a 90-day injunction against further eviction proceedings.
On July 12,1974, the parties entered into an agreement which guaranteed the plaintiff’s right to remain on the premises until the dispute was settled. If the case was decided in favor of the defendant, the plaintiff agreed to vacate the premises within 60 days after judgment was rendered. Despite the provisions of this agreement, the plaintiff moved to a new business location before the trial.
At trial before the Court, the plaintiff was awarded relocation expenses and damages for the increased cost of the new leasehold. On appeal, the defendant urges that these damages were improperly granted because the plaintiff voluntarily left the demised premises. We agree.
If a tenant is wrongfully evicted, he may bring an action against the landlord for damages. Young v. Cobbs, 83 So. 2d 417 (Fla.1955). In the instant case, however, there was no wrongful eviction. The defendant could not and. did not evict the plaintiff because the parties’ written agreement protected the plaintiff’s right to remain on the premises. Although the plaintiff may have feared that the case would be decided adversely to its interests, the decision to move was made solely by the plaintiff.
The plaintiff voluntarily surrendered the leasehold estate and voluntarily incurred the cost of relocation and increased rental payments. Under these facts, there was no basis for awarding damages for wrongful eviction or for any other cause of action upon which the plaintiff may have been relying. Accordingly, the award of damages for rental losses totalling $36,-552.37 and relocation expenses totalling $17,432.78 is hereby stricken.
We find the other issues raised by the appellant to be without merit. We affirm the decision of the Circuit Court as modified herein.
ANSTEAD and LETTS, JJ., concur.
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Kay-Jo's Motorcycle Servs., Inc. v. Lewis, 403 So. 2d 1127 (Fla. 4th DCA 1981)…PER CURIAM. AFFIRMED. See, Bielek v. Drs. Bielek, Birely and Salerno, 366 So. 2d 44 (Fla. 4th DCA 1979). LETTS, C. J., and MOORE and HERSEY, JJ., concur.…
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LK Grp. Holding Co. v. Spurrier Invs., Inc., 110 So. 3d 511 (Fla. 4th DCA 2013)…r “unlawfulness” of the eviction, or any “wrongdoing” on the part of the landlord in procuring the eviction, we affirm. A wrongfully evicted tenant may bring an action against the landlord for damages. Bielek v. Drs. Bielek, Birely & Salerno, P.A., 366 So. 2d 44, 45 (Fla. 4th [*512] DCA 1978) (citing Young v. Cobbs, 83 So. 2d 417 (Fla.1955)). In order to be actionable, the eviction must be “wrongful or unlawful,” which is the crux of this dispute. Walsh v. CAS, Inc., 633 So. 2d 561, 562 (Fla. 4th DCA 1994)…
Authorities Cited
- Emmett Young v. Cobbs, 83 So. 2d 417 (Fla. 1955)