INVESTMENT BUILDERS OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
S.U.S. FOOD MARKET INVESTMENTS, INC., A FLORIDA CORPORATION AND BEST VALUE FOOD STORES, INC., A FLORIDA CORPORATION, APPELLEES
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A Florida appellate court affirmed a trial court's decision granting a tenant relief from its failure to timely renew a commercial lease due to the corporate president's illness. The court held that equity may excuse a tenant's late renewal notice when the failure results from a slight delay, no prejudice to the landlord, and unconscionable hardship to the tenant, even where some negligence is involved.
The court affirmed that equity may relieve a tenant from failure to give timely renewal notice where: (1) the delay is slight, (2) the delay caused no prejudice to the landlord, and (3) failure to grant relief would cause the tenant unconscionable hardship. A mistake from which equity will relieve a tenant can include some degree of negligence, provided the mistake does not result from an inexcusable lack of due care.
[1] Equity may relieve a tenant against the consequences of failure to give notice to renew a lease where the failure results from accident, fraud, surprise, or mistake, and…
[2] A court may grant equitable relief from a tenant's failure to renew a lease if the tenant's delay is slight, the delay did not prejudice the landlord, and failure to gran…
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Join FLexlaw to unlock all legal intelligence“equity may relieve a tenant against the consequences of failure to give notice to renew a lease where the failure results from accident, fraud, surprise, or mistake, and there are other special circumstances which would warrant a court of equity granting a lease”
Establishes the foundational equitable principle allowing courts to excuse late lease renewal notices under certain conditions
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Join FLexlaw to unlock all legal intelligenceInvestment Builders, a corporate landlord, leased commercial space to S.U.S. Food Market Investments and Best Value Food Stores. The tenant's presiden…
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WARNER, C.J.
We affirm the trial court’s declaratory judgment granting the tenant relief from its failure to timely renew its lease. Because the president of the corporate tenant was sick, the corporation failed to send in a notice of renewal of the lease until the landlord notified him of his failure eight days after the renewal deadline had passed, at which time the tenant immediately sent him notice that he wished to renew. The landlord refused to renew the lease and as a result the tenant filed a declaratory action. The trial court granted relief from the mistake, based upon Dugan v. Haige, 54 So. 2d 201, 202 (Fla.1951), and Friendship Park Property Corp. v. Shaw, 505 So. 2d 456, 458 (Fla. 1st DCA 1987), both of which hold that equity may relieve a tenant against the consequences of failure to give notice to renew a lease where the failure results from accident, fraud, surprise, or mistake, and there are other special circumstances which would warrant a court of equity granting a lease.
In Friendship, the court applied a three part test to determine whether equity should relieve a mistake: (1) the tenant’s delay is slight, (2) the delay did not prejudice the landlord, and (3) failure to grant relief would cause the tenant unconscionable hardship. See id. In this case, the trial court found that all three criteria were met. We agree, concluding that a mistake from which equity will relieve a tenant can include some degree of negligence, so long as the mistake is not the result of an inexcusable lack of due care. See Maryland Cas. Co. v. Krasnek, 174 So. 2d 541, 543 (Fla.l965)(discussing “mistake” in the context of contract rescission); U.S. Alliance Corp. v. Tobon, 715 So. 2d 1122, 1124 (Fla. 3d DCA 1998).
Appellant also claims that the trial court’s decision should be reversed because it ignored an oral stipulation that the appellee’s president’s medical condition would not be an issue in the case. We find that any testimony regarding the medical condition was harmless once the president testified without objection that because of his illness he forgot to send the notice.
Affirmed.
SHAHOOD and .GROSS, JJ., concur.
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Cited By
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Dashiwa Corp. v. Tashi Valley, Inc., 862 So. 2d 780 (Fla. 3d DCA 2003)…er review. Dugan v. Haige, 54 So. 2d 201 (Fla.1951); Thrifty Dutchman, Inc. v. Florida Supermarkets, Inc., 541 So. 2d 634, 636 (Fla. 3d DCA), review denied, 551 So. 2d 461 (Fla.1989); Investment Builders of Fla., Inc. v. S.U.S Food Mkt. Invs., Inc., 753 So. 2d 759 (Fla. 4th DCA 2000). Affirmed.…
Authorities Cited
- Md. Cas. Co. v. Krasnek, 174 So. 2d 541 (Fla. 1965)
- Dugan v. Haige, 54 So.2d 201 (Fla. 1951)
- U.S. Alliance Corp. v. Tobon, 715 So. 2d 1122 (Fla. 3d DCA 1998)
- Friendship Park Prop. Corp. v. Shaw, 505 So. 2d 456 (Fla. 1st DCA 1987)