Tenancy At Will

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

• Nat'l Bellas Hess, Inc. v. Kalis
  191 F.2d 739· 8th Cir.· 1951-10-09 ·cited 71×
  A lease for a term uncertain to end upon the signing of a peace treaty does not create a valid tenancy for years under Missouri law.
• 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
• Sheradsky v. Basadre
  452 So. 2d 599· Fla. 3d DCA· 1984-05-22 ·cited 30×
  A third-party defendant (seller) challenged a judgment entered against him based on the merits of the original plaintiff's claim for wrongful eviction, even though the intermediate defendants did not appeal. The court held that a third-party defendant may seek review of an errone
• 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
• Vasques v. Marcelino Lopez
  509 So. 2d 1241· Fla. 4th DCA· 1987-07-08 ·cited 25×
  A landlord was found 20% negligent by a jury for injuries caused by a tenant's pit bull attack on a child, but the trial judge granted a directed verdict in the landlord's favor. The appellate court reversed, holding that circumstantial evidence of the landlord's knowledge of the
• Meylert M. Armstrong v. Wilcox
  57 Fla. 30· Fla.· 1909-01-01 ·cited 22×
  The Florida Supreme Court affirmed a judgment for defendants in an ejectment action, holding that adverse possession can extinguish a prior paper title, even if the possessor initially entered as a tenant, provided proper notice of adverse claim is given. The court also clarified
• 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.
• Vilda Yates v. Bass Ranch, Inc.
  379 So. 2d 710· Fla. 4th DCA· 1980-02-13 ·cited 16×
  This case concerns a quiet title action where the appellant claimed ownership of nine acres based on adverse possession by her parents. The court had to determine if a document establishing a tenancy at will was admissible and if the possession met the criteria for adverse posses
• Spiritwood Grain Co. v. N. Pac. Ry. Co.
  179 F.2d 338· 8th Cir.· 1950-01-17 ·cited 16×
  A lease with an indefinite term and annual rent payment creates a continuing tenancy from year to year, not a new lease each year. Therefore, a statutory change in the law regarding contract exemptions does not retroactively void an exemption clause in such a lease if the lease w
• Consumers ICE Co. v. The United States
  475 F.2d 1161· Ct. Cl.· 1973-03-16 ·cited 14×
  The court held that the lease, due to its ambiguous language, should be interpreted in favor of the plaintiff, terminating on June 30, 1964, or when the property was no longer needed for anti-aircraft purposes, whichever came first.
• 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.
• Drum v. The Pure OIL Co.
  184 So. 2d 196· Fla. 4th DCA· 1966-03-21 ·cited 14×
  This case concerns a slip and fall on a gasoline station premises, where the plaintiff sued the property owners and an oil company for damages, appealing a summary judgment in favor of the defendants.
• 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
• Brown v. Markham
  56 Fla. 202· Fla.· 1908-06-01 ·cited 13×
  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
• Lonergan v. Lippman
  406 So. 2d 1124· Fla. 1st DCA· 1981-03-27 ·cited 10×
  Upon reversal of a judgment on appeal, the property at issue is restored to its former status, and a party who destroys the property after obtaining judgment but before that judgment is reversed remains liable for damages to the other party's property interest, even if the destru
• S. Lemel, Inc. v. 27TH Ave. Farmers Mkt., Inc.
  126 So. 2d 167· Fla. 3d DCA· 1961-01-26 ·cited 10×
  A complaint stating an oral agreement for renewal of a written lease, coupled with the lessee's continued possession, acceptance of rent payment, and expenditures in improvement and reliance, sufficiently pleads a cause of action for specific performance despite a statute providi
• Mossler Acceptance Co. v. Coy Elmo Martin
  322 F.2d 183· 5th Cir.· 1963-08-15 ·cited 8×
  The court held that the evidence did not support the jury's finding of solvency, and the trial court should have entered a judgment notwithstanding the verdict.
• Ehrlich v. Barbatsis Holding Co.
  63 So. 2d 911· Fla.· 1953-03-24 ·cited 6×
  This case involves a lease with a term extending for the duration of World War II plus six months after "the final treaty of peace." The Florida Supreme Court resolved whether the lease terminated following Japan's unconditional surrender in 1945, Germany's formal termination of
• Waln v. Howard
  142 Fla. 736· Fla.· 1940-05-10 ·cited 5×
  Charlotte Waln leased a house from Ella Howard for the 1937-38 winter season but vacated after two days without notice. Howard sued for unpaid rent under the statutory count for 'use and occupation.' The Florida Supreme Court affirmed the directed verdict for Howard, holding that
• Eversfield v. Mayhew
  98 Fla. 230· Fla.· 1929-07-30 ·cited 4×
  The Florida Supreme Court dismissed an appeal by William and Florence Eversfield from a chancery decree regarding land purchase contracts. The court held that the appeal was defective because the Eversfields failed to include other defendants who had material pecuniary interests
• Soknoh P'rs v. Audio Visions S., Inc.
  319 So. 3d 175· Fla. 2d DCA· 2021-05-12 ·cited 3×
  The appellate court reversed a grant of summary judgment, finding that a genuine issue of material fact existed regarding whether the buyer of real property had notice of an unrecorded parking easement. The court determined that the buyer's knowledge of a "handshake deal" for par
• Wenboy Ltd. P'ship v. Rockledge Bar-B-Q, Inc.
  619 So. 2d 414· Fla. 5th DCA· 1993-06-04 ·cited 3×
  Wenboy Limited Partnership appeals from a trial court order that permitted reinstatement of a commercial lease after the tenant (Rockledge Bar-B-Q) defaulted on rent payments. The court reversed, holding that a landlord who properly terminates a lease for default under its terms
• Ward v. Downtown Dev. Auth.
  786 F.2d 1526· 11th Cir.· 1986-04-21 ·cited 3×
  The court held that a tenancy at will is a compensable property interest under the Fifth Amendment, and that a state-created property interest can form the basis for a § 1983 claim for due process and equal protection violations.
• 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.
• Keeton Corr., Inc. v. RJ & RK, Inc.
  858 So. 2d 349· Fla. 1st DCA· 2003-10-30 ·cited 2×
  The double rent provision in Florida Statute § 83.06 applies to a tenant who holds over after the expiration of a month-to-month tenancy at will, regardless of whether the lease was written or oral. The statute applies equally to leases that expire by their terms and leases that
• Gautreaux v. Notarantonio
  687 So. 2d 849· Fla. 3d DCA· 1997-01-02 ·cited 2×
• Ralo, Inc. v. Graham
  362 So. 2d 310· Fla. 2d DCA· 1978-07-21 ·cited 2×
  Ralo, a sightseeing cruise operator, appealed an eviction order after Marine, a marina operator with a lease to the City of Sarasota conditioned on public use, terminated Ralo's month-to-month dock usage without cause. The court reversed, holding that Marine's obligation to offer
• Lenmar Realty, LLC v. SUN Elec. Works, Inc.
  317 So. 3d 125· Fla. 4th DCA· 2021-04-14 ·cited 1×
  This case involves a commercial landlord, Lenmar Realty, and its tenant, Sun Electric Works. The dispute centered on Sun Electric's alleged unauthorized subletting to Reliable Power Systems and the subsequent handling of rent deposits. The appellate court affirmed most of the low
• W.J. Gross v. H.J. Bartlett
  547 So. 2d 661· Fla. 2d DCA· 1989-06-16 ·cited 1×
  Owners of a Florida condominium appeal a judgment granting their tenant specific performance of an option to purchase. The court reverses, holding that without clear automatic renewal language and absent notice of renewal, the lease terminated and became a tenancy at will, which
• Lenmar Realty, LLC v. Reliable Power Sys., Inc.
  Fla. 4th DCA· 2021-04-14
  This case involves a commercial landlord, Lenmar Realty, and its tenant, Sun Electric, along with another occupant, Reliable Power Systems. The appellate court affirmed most of the lower court's judgment but reversed the denial of Lenmar's motion to receive rental monies deposite
• Lenmar Realty, LLC v. SUN Elec. Works, Inc.
  Fla. 4th DCA· 2021-04-14
  A landlord in a commercial tenant eviction action may apply by motion for disbursement of rent deposited into the court registry under Florida Statutes § 83.232(1) without filing a separate pleading asserting an affirmative cause of action. The language of § 83.232(1) contemplate
• CSC Serviceworks, Inc. v. Boca Bayou Condo. Ass'n, Inc.
  308 So. 3d 1021· Fla. 4th DCA· 2020-12-02
  Res judicata and collateral estoppel do not bar wrongful eviction and breach of lease claims arising from a prior unlawful detainer action because the prior action involved the lessee's possessory right while the instant actions involve alleged contractual rights, and the issues
• Spike and Elizabeth Von Zamft v. El Nido Jupiter, LLC
  15th Cir. Ct. App. Div.· 2016-01-08
  Tenants appealed a trial court order denying their motion to compel arbitration and mediation in an eviction action. The appellate court reversed, holding that the eviction dispute arose out of or related to the Land Contract containing an arbitration clause, and that Tenants did
• 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
• Ness Inv. Corp. v. The United States
  595 F.2d 585· Ct. Cl.· 1979-03-21
  The court held that prior decisions by the Board of Forest Appeals and the Ninth Circuit Court of Appeals were res judicata, barring the plaintiffs' claims regarding permit area reduction and application rejection, and that the 60-day period for removal of improvements was reason
• Johnson v. State Dep't of Bus. Reg.
  43 Fla. Supp. 158· Leon Cty. Cir. Ct.· 1975-12-03
  The court declared Chapter 75-61, which voided escalation clauses in residential cooperative and condominium leases, unconstitutional as applied to pre-existing contracts. The statute violated the Contract Clause of both state and federal constitutions because the legislature's a
• JAX Beach Slide, Inc. v. Fible
  265 So. 2d 530· Fla. 1st DCA· 1972-08-17
  The court held that the second amended complaint failed to state a cause of action, even when accepting its allegations as true.
• 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
• Sill v. Smith
  177 So. 2d 265· Fla. 2d DCA· 1965-07-09
  The court held that the carrier sufficiently established the weight of shipments through business records, but the interpretation of the tariff's substitution rules required primary jurisdiction by the Interstate Commerce Commission.
• Doctorvitz v. Schonberger
  5 Fla. Supp. 61· Dade Cty. Cir. Ct.· 1954-01-18
  A tenant sued her landlord to recover $500 paid in advance for rent, claiming she was a tenant at will and the payment was security. The court held that the receipt constituted a valid lease under Florida law, and even if it did not, the tenant could not recover advance rent paid
• 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
• Leonie Bettilini v. the H. W. Metcalf Co.
  77 Fla. 589· Fla.· 1919-05-05
  A lessee under a lease of the Terminal Hotel sought to terminate the lease by exercising an option triggered by the enactment of Florida's Davis Package Law regulating liquor sales. The lessor sued for breach of the lease covenant, but the Florida Supreme Court affirmed dismissal
• Wm. Camp v. Ellis
  71 Fla. 234· Fla.· 1916-02-15
  The Florida Supreme Court affirmed a lower court's decision to dismiss a bill seeking to enjoin the setting aside of property as homestead exemption and to establish a lien for rent. The court found that waivers of homestead exemption and liens for rent in an expired lease did no