A Commercial Tenant's Wrongful / Unlawful Eviction Claim is Challenging to Prove

A Commercial Tenant’s Wrongful / Unlawful Eviction Claim is Challenging to Prove

Spread the love

In Florida, there is a potentially viable claim by a commercial tenant for wrongful eviction albeit it is a challenging claim for a tenant to prevail on.

The gravamen of the tort of wrongful eviction lies in the alleged ‘wrongful’ conduct of the landlord.” LT Group Holding Co. v. Spurrier Investments, Inc., 110 So.3d 511 (Fla. 4th DCA 2013) (there must be wrongful or unlawful conduct by the landlord for a wrongful eviction claim to stand). Of course, establishing that the landlord’s eviction rises to wrongful or unlawful conduct is a lot harder than it sounds.

For example, in LT Group Holding Co., a commercial tenant tried to argue its landlord wrongfully evicted it when an eviction judgment against the tenant was reversed because the trial court did not allow the tenant to deposit into the court’s registry disputed rent per Florida Statute s. 83.232.   This reversal did not support a wrongful eviction claim because it did not prove the landlord did anything wrongful or unlawful.

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.