Covenant Of Quiet Enjoyment

28 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Richards v. Dodge
  150 So. 2d 477· Fla. 2d DCA· 1963-02-13 ·cited 60×
  A landlord sued for unpaid rent under a lease of an apartment building used as dormitory housing for a school. The trial court ruled for the tenant defendants on their counterclaim alleging constructive eviction based on the landlord's leasing of a reserved apartment to a male te
• Coral Wood Page, Inc. v. GRE Coral Wood, LP
  71 So. 3d 251· Fla. 2d DCA· 2011-10-12 ·cited 22×
  A landlord moving for summary judgment must present evidence refuting the factual basis of a tenant's affirmative defenses, not just rely on the tenant's failure to produce evidence.
• The United States v. Merchs. Matrix CUT Syndicate, Inc.
  219 F.2d 90· 7th Cir.· 1955-01-17 ·cited 12×
• Katz Deli OF Aventura, Inc. v. Waterways Plaza, LLC
  183 So. 3d 374· Fla. 3d DCA· 2013-11-27 ·cited 8×
  Katz Deli sued its landlord Waterways Plaza for breach of contract and constructive eviction after the landlord failed to repair a defective roof, causing water damage that forced the deli to close. The court affirmed an award of prospective lost profits through the initial lease
• Leahy v. Batmasian
  960 So. 2d 14· Fla. 4th DCA· 2007-05-02 ·cited 8×
  In this landlord-tenant dispute, the appellate court affirmed summary judgment for the landlord, holding that a tenant's second lawsuit for wrongful eviction was barred by res judicata because it involved the same breach of contract claim and damages that could and should have be
• Infinity Broad. Corp. OF Ill. v. The Prudential Ins. Co. OF Am.
  869 F.2d 1073· 7th Cir.· 1989-03-09 ·cited 8×
  The dissenting judge would hold that the landlord's construction impaired the tenant's use, breaching the covenant of quiet enjoyment and entitling the tenant to compensation.
• Barton v. The Mitchell Co.
  507 So. 2d 148· Fla. 4th DCA· 1987-05-06 ·cited 8×
  A landlord's failure to remedy excessive noise from an adjacent tenant, which renders the premises unsuitable for the tenant's business, constitutes a constructive eviction and a breach of the covenant of quiet enjoyment.
• Carner v. Shapiro
  106 So. 2d 87· Fla. 2d DCA· 1958-06-25 ·cited 7×
  A court of equity, having acquired jurisdiction in good faith, may award monetary damages even if equitable relief becomes impossible or inequitable due to subsequent events, and a landlord is liable for damages caused by an independent contractor's work that necessarily interfer
• Solo Serve Corp. v. Westowne Assocs.
  929 F.2d 160· 5th Cir.· 1991-04-18 ·cited 6×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the defendant's alleged lease breaches, and that the district court did not abuse its discretion in denying further discovery.
• In re Axton v. Axton
  641 F.2d 1262· 9th Cir.· 1981-03-16 ·cited 6×
  The court held that filing a complaint for relief from an automatic stay in bankruptcy does not constitute consent to summary jurisdiction over unrelated counterclaims, and that the covenant to pay rent is independent of the lessor's covenant of quiet enjoyment under California l
• Am. Dairy Queen Corp. v. Brown-Port Co.
  621 F.2d 255· 7th Cir.· 1980-03-25 ·cited 6×
  A preliminary injunction cannot be granted based solely on the potential irreparable harm to a non-party sublessee; the plaintiff must demonstrate irreparable harm to itself.
• Duchaine v. Grosco Realty, Inc.
  121 So. 2d 679· Fla. 2d DCA· 1960-06-22 ·cited 6×
  A cause of action requires both a wrongful act and resulting loss or damage.
• In re Plankinton BLDG. Co. Harvey v. Grossman
  148 F.2d 119· 7th Cir.· 1945-03-20 ·cited 6×
  The court held that the district court had jurisdiction under Chapter X, correctly found the debtor insolvent, and that the reorganization plan was fair, equitable, and met statutory requirements.
• Elbert C. Robinson and Verna Cotten Robinson v. Bailey
  370 So. 2d 46· Fla. 1st DCA· 1979-04-17 ·cited 4×
  Robinson appealed from a trial court order amending a final judgment to award indemnification and attorney's fees to lessees (Linzys) against their former landlord (Robinson) for damages incurred defending against a suit by a subsequent property grantee (Bailey). The court affirm
• Best v. Crown Drug Co.
  154 F.2d 736· 8th Cir.· 1946-04-11 ·cited 4×
  The court held that express lease provisions regarding encumbrances and the lessee's rights to protect themselves were inconsistent with an implied covenant of quiet enjoyment, and that the transfer of the lease was an assignment, not a sublease, thus precluding liability for bre
• Muchnick v. Goihman
  245 So. 3d 978· Fla. 3d DCA· 2018-05-02 ·cited 3×
  An individual agent may be held personally liable in tort for negligence even when acting within the scope of employment, and an undertaker who voluntarily undertakes to repair property assumes a duty of reasonable care to exercise that duty carefully.
• Conille v. Sec'y OF Hous. & Urban Dev.
  840 F.2d 105· 1st Cir.· 1988-02-19 ·cited 3×
  The court held that while federal law governs the lease, state law cannot be fully incorporated if it frustrates federal purposes; however, a limited federal common law remedy of rent restitution is available for breach of the implied warranty of habitability, provided the tenant
• In re Lafayette Radio Elecs. Corp. v. Jonnet Dev. Corp. & Roamon's Stores of Pa., Inc.
  761 F.2d 84· 2d Cir.· 1985-04-03 ·cited 3×
  The court held that the district court had ancillary jurisdiction to enforce the bankruptcy court's prior judgment, and that the Emergency Rule's limited delegation of authority to bankruptcy judges did not violate Article III.
• Gctc Holdings, LLC v. T Tag QSR, LLC
  346 So. 3d 700· Fla. 2d DCA· 2022-09-09 ·cited 2×
  GCTC Holdings seeks a writ of certiorari to quash a trial court order granting respondents' motion for reconsideration and requiring production of commercial leases and tenant vacancy records. The court granted certiorari, finding the trial court departed from essential requireme
• D. D. v. State
  253 So. 3d 121· Fla. 2d DCA· 2018-08-10 ·cited 2×
  D.D. appeals his adjudication for third-degree grand theft and first-degree misdemeanor criminal mischief. The court reverses, finding the State presented insufficient evidence that the stolen and damaged cell phone met the statutory value thresholds, and remands for findings of
• Talbot v. The Citizens Nat'l Bank OF Evansville
  389 F.2d 207· 7th Cir.· 1968-01-30 ·cited 2×
  A lessee cannot rescind a lease due to a lessor's encroachment on a small portion of the premises without showing the encroachment was a material breach of the covenant of quiet enjoyment.
• Colo. Interstate Corp. v. The CIT Group/Equipment Fin., Inc.
  993 F.2d 743· 10th Cir.· 1993-05-17 ·cited 1×
  The court held that the 'hell or high water' clause in the lease agreement created an unconditional obligation for the lessee to pay rent, regardless of the lessor's default or the lessee's disturbed quiet enjoyment, and that this obligation was enforceable under Texas law.
• G & G in Between Bridge Club Corp. v. Palm Plaza Assocs., Ltd
  356 So. 3d 292· Fla. 2d DCA· 2023-02-08
  The appellate court reversed in part a trial court's grant of summary judgment, finding that a tenant's claims regarding unreasonable parking rule changes by their landlord presented genuine issues of fact for a jury. The court affirmed the dismissal of a deceptive trade practice
• Lakeside Dev. v. DAngelo Glades
  15th Cir. Ct. App. Div.· 2009-12-15
  Lakeside Development sought to evict Café D'Angelo for nonpayment of rent after the tenant stopped paying due to water damage from an unclear source (roof or air conditioning units). The trial court denied eviction, finding the damage constituted a casualty under the lease warran
• Tidewater Invs., Ltd. v. United Dominion Realty Tr., Inc.
  804 F.2d 293· 4th Cir.· 1986-11-05
  A subtenant who receives the entire interest of the original lessee has standing to sue the landlord directly for breach of contract, as the sublease operates as an assignment.
• Higginbotham v. Hamlin
  7 Fla. Supp. 85· Pinellas Cty. Cir. Ct.· 1955-04-07
  The court held that a title company's opinion stating a lessor may not have title, and the lessee's resulting inability to pledge the lease as security, does not constitute a constructive eviction under the lease terms.
• Kupoff v. Stepovich
  184 F.2d 705· 9th Cir.· 1950-10-25
  The court held that the trial court erred in directing a verdict for the defendant, as the action was for breach of contract, not tort, and there was sufficient evidence of eviction and damages.