Tenancy At Sufferance

51 Florida cases classified under this topic · sorted by citation count · see the citation graph

• Stephenson v. The Nat'l Bank of Winter Haven
  92 Fla. 347· Fla.· 1926-07-24 ·cited 38×
  Stephenson, a lessee of commercial real estate, appeals orders granting a temporary restraining order that prevented him from making alterations to the building's exterior walls. The Florida Supreme Court affirmed the injunction, holding that absent an enforceable agreement with
• Baker v. Clifford-Mathew Inv. Co.
  99 Fla. 1229· Fla.· 1930-05-30 ·cited 37×
  This case concerns whether a tenant's failure to pay rent automatically forfeits their leasehold estate. The court held that a landlord must make a formal demand for rent before a lease can be forfeited for non-payment, unless the lease waives this requirement or a statute dictat
• Pillans & Smith Co., Inc. v. Lowe
  117 Fla. 249· Fla.· 1934-11-14 ·cited 32×
  A Florida Supreme Court case addressing whether a verbal lease creates a valid landlord's lien superior to a subsequently executed chattel mortgage. The court held that despite the 1931 amendment classifying verbal leases as tenancies at sufferance, the landlord retains his statu
• Painter v. Town OF Groveland
  79 So. 2d 765· Fla.· 1955-04-27 ·cited 26×
  The Town of Groveland sought a declaratory judgment requiring lessees George and Ruby Painter to surrender a municipal auditorium and pay double rent for holding over after their lease expired. The Florida Supreme Court affirmed the town's right to possession but reversed the awa
• Phillips v. Garrett
  109 Fla. 435· Fla.· 1933-04-17 ·cited 26×
  Dr. Phillips obtained a jury verdict for $900 against George Garrett for unpaid rent under a lease, but the trial court set aside the verdict and granted a new trial. The Florida Supreme Court affirmed the new trial order, finding that the trial court properly exercised its discr
• State v. Hutchins
  118 Fla. 220· Fla.· 1935-01-21 ·cited 22×
  A county judge dismissed a landlord-tenant removal proceeding, finding lack of jurisdiction when the defendant pleaded an equitable defense based on an option to purchase. The Florida Supreme Court held that the county court retains jurisdiction to determine whether a landlord-te
• Wingert v. Prince
  123 So. 2d 277· Fla. 2d DCA· 1960-08-10 ·cited 20×
  The court held that tenants holding over under a lease are presumed to do so under the original lease's terms, including the right to remove improvements, and are entitled to compensation for those improvements in an eminent domain proceeding.
• In re Atl. Bus. & Cmty. Corp. v. Atl. Bus. & Cmty. Dev. Corp.
  901 F.2d 325· 3d Cir.· 1990-04-18 ·cited 16×
  A debtor's possessory interest in property, even under a tenancy at sufferance, is protected by the automatic stay, and intentional interference with that interest constitutes a willful violation warranting damages.
• David L. Trask in Bankr. of Magic Spuds, Inc. v. Susskind
  376 F.2d 17· 5th Cir.· 1967-04-05 ·cited 14×
  The court held that the trial court did not err in dismissing the fraudulent transfer claims and in excluding the expert witness testimony due to a failure to comply with pre-trial stipulations.
• Rosamond v. Mann
  80 So. 2d 317· Fla.· 1955-02-09 ·cited 13×
  The Florida Supreme Court reversed a circuit court's dismissal of a complaint for damages arising from a lessee's alleged wrongful transfer of a liquor license during a hold-over tenancy. The court held that lease covenants restricting the transfer of a liquor license survive exp
• Frazee v. Frazee
  185 So. 2d 484· Fla. 1st DCA· 1966-04-19 ·cited 12×
  A tenant at sufferance challenged her eviction from property in a landlord-tenant proceeding, arguing the county judge lacked jurisdiction because the case raised a substantial question of title to real estate. The appellate court held the motion to dismiss was insufficient to ra
• Coleman v. State
  119 Fla. 653· Fla.· 1935-04-05 ·cited 12×
  The Florida Supreme Court upheld Chapter 16066 of the 1933 Florida Acts, which criminalized possession of leased property after expiration of the lease and failure to vacate within ten days of written notice. The court rejected a habeas corpus challenge to the statute's constitut
• Brown v. Markham
  56 Fla. 202· Fla.· 1908-06-01 ·cited 12×
  The Florida Supreme Court reversed a directed verdict for the defendant in an unlawful detainer action. The court held that a lease with undefined renewal terms created a one-year lease with the option to extend one additional year, and that the landlord's acceptance of rent did
• Hamilton v. Tanner
  962 So. 2d 997· Fla. 2d DCA· 2007-08-08 ·cited 10×
  Martha Hamilton appeals a trial court's award of lease damages to her landlord Claude Tanner for unpaid rent and taxes from the original lease term (1988-1994). The appellate court reverses the damages award based on the statute of limitations, but affirms the trial court's denia
• Lincoln Oldsmobile, Inc. v. Branch
  574 So. 2d 1111· Fla. 1st DCA· 1990-12-21 ·cited 10×
  In this landlord-tenant dispute, Lincoln Oldsmobile held over beyond the end of its lease without the landlord's demand for double rent. The court reversed the trial court's award of double rent retroactive to the holdover period and vacated an award of special damages to the lan
• S. Lemel, Inc. v. 27TH Ave. Farmers Mkt., Inc.
  126 So. 2d 167· Fla. 3d DCA· 1961-01-26 ·cited 10×
  The dissenting opinion argues that a holdover tenancy, even with rent payment and improvements, does not satisfy the statute of frauds for a new lease.
• Reed v. Moore
  91 Fla. 900· Fla.· 1925-05-11 ·cited 10×
  Three consolidated cases involving disputes over a commercial lease with a purchase option for property in Daytona, Florida. The Supreme Court held that an improperly executed lease (attested by only one witness instead of two) could still function as a valid contract to lease, a
• W's. Drug Stores, Inc. v. Allen Inv. Co.
  125 Fla. 823· Fla.· 1936-10-21 ·cited 9×
  West's Drug Stores appeals a distress judgment for unpaid rent brought by Allen Investment Co., the lessor. The Florida Supreme Court affirms the judgment, holding that Allen Investment Co., as assignee of the leasehold estate, had the right to maintain a distress action for rent
• Nelson v. Growers Ford Tractor Co.
  282 So. 2d 664· Fla. 4th DCA· 1973-09-14 ·cited 8×
  The court held that a counterclaim for reasonable rental value against a tenant holding over after a lease expires states a cause of action, but a crossclaim for breach of warranty of title against the seller of the property does not, absent facts showing the tenant was claiming
• Robinson v. Diamond Hous. Corp.
  463 F.2d 853· D.C. Cir.· 1972-04-03 ·cited 8×
  The court should affirm the District of Columbia Court of Appeals' judgment, as the landlord's stated reason for seeking possession was not a material issue of fact regarding retaliatory eviction.
• Yachts Am., Inc. v. The United States
  779 F.2d 656· Fed. Cir.· 1985-12-09 ·cited 6×
  The court affirmed the Claims Court's denial of Yachts America's claims for compensation, finding no error in the prior decisions regarding ownership, business taking, leasehold taking, implied contract, inverse condemnation, or the denial of a Rule 60(b) motion.
• Lougas v. Sophia Enters., Inc.
  117 So. 3d 839· Fla. 4th DCA· 2013-07-03 ·cited 4×
  The court held that the landlord's unambiguous notice of lease termination, even if potentially improper, relieved the original tenant (appellant) of further obligations under the lease.
• Fla. Power Corp. v. City OF Winter Park
  827 So. 2d 322· Fla. 5th DCA· 2002-09-19 ·cited 4×
  Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
• Robinson v. Diamond Hous. Corp.
  433 F.2d 497· D.C. Cir.· 1970-04-14 ·cited 4×
  The court denied the suggestion for rehearing en banc and application for a temporary stay, finding the issues moot due to the tenant vacating the premises.
• Markos v. Raimondi
  108 So. 2d 506· Fla. 2d DCA· 1959-01-28 ·cited 4×
  Dorothy Raimondi, assignee of a commercial lease, sought specific performance to enforce an option to purchase the underlying property for $40,000. The lessor (Markos) claimed the option expired when Raimondi failed to renew the underlying lease. The court held that the option-to
• Shapiro v. Christopher
  195 F.2d 785· D.C. Cir.· 1952-01-10 ·cited 4×
  The Municipal Court has jurisdiction in ejectment cases where the title to real estate is not in issue, and such title is not in issue if it is expressly conceded or not denied by the defendant.
• United States v. 534.7 Acres OF Land IN Orange Cnty.
  157 F.2d 828· 5th Cir.· 1946-11-08 ·cited 4×
  The court held that the district court had jurisdiction to deny condemnation but lacked jurisdiction to enter a money judgment against the United States for rent under a lease. The motion to vacate the denial of condemnation was correctly denied, but the motion to vacate the mone
• Brady v. Scott
  128 Fla. 582· Fla.· 1937-06-02 ·cited 4×
  The appellate court affirmed the lower court's decision to dissolve a temporary injunction and dismiss a bill of complaint. The complainant sought to enjoin an eviction proceeding but failed to comply with statutory requirements for paying court costs. The court determined the co
• Leaders Int'l Jewelry, Inc. v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  183 So. 2d 242· Fla. 3d DCA· 1966-02-01 ·cited 3×
  The court held that a holdover tenant's possession after lease expiration, without a new written agreement, constitutes a tenancy at sufferance, and the landlord's actions did not create a tenancy at will.
• Sarasota-Fruitville Drainage Dist. v. ALL Lands Within Said Drainage Dist. Upon Which Drainage Taxes FOR THE Year 1928 Have NOT Been Paid
  157 Fla. 207· Fla.· 1946-03-22 ·cited 3×
  The Florida Supreme Court reversed a chancery court's denial of a writ of assistance to place a drainage district in possession of tax-foreclosed property. The respondents (heirs of the original owner) failed to establish adverse possession because they did not provide clear noti
• Shell Oil Co. v. Shaw
  141 Fla. 745· Fla.· 1940-02-16 ·cited 3×
  This case concerns the interpretation of a lease agreement, specifically regarding termination clauses and automatic renewal provisions. The court affirmed the lower court's decision, finding that the lessors had the right to terminate the lease under specific conditions.
• Pinellas Theaters, Inc. v. Emil J. Brach
  118 Fla. 320· Fla.· 1935-01-15 ·cited 3×
  A theater lessee and property owner failed to agree on all material terms of a new lease before the original lease expired. The court held that without a fully executed written lease, the tenant became a tenant at sufferance, and the property owner could proceed with unlawful det
• Southernmost Humane Soc'y, Inc. v. City OF KEY W.
  365 So. 2d 402· Fla. 3d DCA· 1978-11-28 ·cited 2×
  The court held that the trial court erred in finding the value of improvements negligible without evidentiary basis, but affirmed the denial of equitable estoppel to prevent eviction.
• Augustas Cabre v. Brown
  355 So. 2d 846· Fla. 1st DCA· 1978-03-07 ·cited 2×
  A Florida appellate court determined the priority of a landlord's lien against a mobile home lien filed pursuant to a conditional sales contract. The court held that the landlord's lien was superior because it arose when the mobile home became property on the leased premises, wel
• Adair v. Kreusler
  303 So. 2d 673· Fla. 4th DCA· 1974-11-29 ·cited 2×
• Filaretos S. Filaretou v. Vasillos Christou and Pasethea Christou
  133 So. 2d 652· Fla. 2d DCA· 1961-10-06 ·cited 2×
  The court held that a law court cannot grant affirmative equitable relief, such as specific performance of an oral lease, even if presented as an equitable defense.
• Saltz v. Fla. Coast Props., Inc.
  5 Fla. Supp. 52· Pinellas Cty. Cir. Ct.· 1953-09-24 ·cited 2×
  Saltz sought a declaratory decree to establish the validity of his lease renewal option for commercial premises after the original 1947 lease's May 1, 1951 expiration date. The court found the renewal option was validly exercised despite defendants' denial of receiving the renewa
• Leeper v. Gorman
  100 Fla. 128· Fla.· 1930-07-01 ·cited 2×
  The Florida Supreme Court affirmed a lower court's dismissal of a bill of complaint seeking to engraft a resulting or constructive trust on certain lands. The court found that the evidence did not support the existence of such a trust.
• 1560-1568 Drexel Ave., LLC v. Johann C. Dalton
  Fla. 3d DCA· 2021-05-27
  This case involves a landlord's eviction action against a tenant. The appellate court reversed a lower court's order denying the landlord's motion for default judgment, finding that the tenant's defenses, other than non-payment of rent, required them to deposit rent into the cour
• In & for New Castle Cnty. Independence Mall, Inc.
  Del. Super. Ct.· 2012-12-31
  The court denied the landlord's motion for partial summary judgment on several claims, including the adoption of the 2007 lease, holdover tenancy, and renewal of the 1997 lease. The court granted the tenant's motion for partial summary judgment regarding the individual liability
• In re Convenient Food Mart NO. 144, Inc. v. Convenient Indus. OF Am., Inc.
  968 F.2d 592· 6th Cir.· 1992-06-30
  A tenancy at sufferance is a possessory interest within the scope of a bankruptcy estate, and a bankruptcy court's sanctions order based on a misunderstanding of its own prior order will be reversed.
• Keen v. Commercial Developers
  541 So. 2d 164· Fla. 3d DCA· 1989-04-11
• Johnson v. Leuschner
  460 So. 2d 1016· Fla. 5th DCA· 1984-12-27
  The court reversed a trial court judgment in an ejectment action, holding that mesne profits should be measured by the fair rental value of the property during wrongful possession, not by summing delinquent contract rents and rents collected from subtenants. The appellants were a
• Grizzard v. Hess Oil Co.
  33 Fla. Supp. 128· Lake Cty. Cir. Ct.· 1970-03-26
  Grizzard v. Hess Oil Company addresses whether a tenant can waive its option to renew a written lease by sending notice of non-renewal, and what rent is owed during a subsequent holdover period. The court held that a tenant may waive its renewal option if the landlord relies on t
• Willis v. Retail Adjustment Bureau, Inc.
  384 F.2d 312· D.C. Cir.· 1967-06-30
  The court held that the District of Columbia Court of Appeals erred in denying leave to appeal a Small Claims Court judgment where apparent legal error was present.
• Engel v. Chabner
  24 Fla. Supp. 68· Dade Cty. Small Cl. Ct.· 1965-01-29
  The court held that the plaintiff's occupancy after the lease expired was that of a tenant at sufferance because there was no written agreement or conduct demonstrating an intent to renew the lease, and thus the landlord could not retain the security deposit for unpaid rent.
• Altiere v. The Atl. Nat'l Bank OF W. Palm Beach
  168 So. 2d 693· Fla. 2d DCA· 1964-10-30
  The plaintiff-landlord appeals dismissal of his complaint for unpaid rent after the lessee's death. The court holds that a lease forfeiture provision operates as a condition subsequent giving the lessor a waivable option to terminate, not as an automatic termination, and the dece
• Marwood Co., Inc. v. Clearview Dorwindo Corp.
  12 Fla. Supp. 143· Palm Beach Cty. Cir. Ct.· 1957-10-09
  A landlord cannot recover rent after a tenant vacates when the lease terminated without written renewal, creating a tenancy at sufferance under Florida law.
• Robert H. Stephens and wife v. Lizzie Stephens
  94 So. 2d 366· Fla.· 1957-03-06
  The court held that the wife of the original grantee could not unilaterally convey title to the property, and thus her deed to the sister-in-law was invalid.
• Mrs Guyte P. McCord v. Connor
  132 Fla. 56· Fla.· 1938-04-09
  The Florida Supreme Court held that a 1931 amendment to Florida's landlord-tenant law was unconstitutional because its title did not fairly apprise the legislature and public that it would fundamentally change oral leases from tenancies-at-will to tenancies-at-sufferance. The cou