Siewert v. Casey
80 So. 3d 1114
| Fla. Dist. Ct. App. | 2012Background
- Landlord sues tenant for damages after tenant’s early lease termination.
- Lease (Jan 23, 2006) runs Apr 1, 2006–Sep 30, 2007 and includes an assignment/sublease clause requiring landlord written consent.
- Tenant notified intent to move to New York in June 2006; negotiations over six months; no sublease executed; tenant vacates December 2006 and stops paying rent.
- Landlord sues for unpaid rent, late charges, and utilities; tenant counterclaims for failure to mitigate damages.
- Non-jury trial held June 29, 2010; court found landlord arbitrarily refused to allow any sublease, excusing tenant from performance; final judgment affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether blanket sublease refusal breached the implied covenant of good faith. | Casey argues landlord’s blanket denial is allowed by lease. | Siewert contends no good-faith obligation applies. | Yes—landlord’s blanket refusal violated the implied covenant. |
| Whether the trial court’s findings were supported by competent substantial evidence. | Casey asserts evidence supports the finding of a blanket refusal. | Siewert contends the findings are not supported. | Yes; substantial evidence supports the court’s factual findings. |
| Whether tenant breached the lease or was excused from performance due to landlord’s conduct. | Casey claims no breach; landlord’s conduct did not excuse performance. | Siewert argues tenant failed to perform by vacating early. | Tenant was excused from performance due to landlord’s arbitrary withholding of consent. |
Key Cases Cited
- Reimbursement Recovery, Inc. v. Indian River Mem’l Hosp., Inc., 22 So.3d 679 (Fla. 4th DCA 2009) (standard for reviewing trial-court factual findings: competent, substantial evidence)
- Ferry v. Abrams, 679 So.2d 80 (Fla. 5th DCA 1996) (credibility and weight of witness testimony rests with finder of fact)
- Speedway SuperAmerica, LLC v. Tropic Enters., Inc., 966 So.2d 1 (Fla. 2d DCA 2007) (implied good faith covenant in lease contexts with landlord consent to subleases)
- Fernandez v. Vazquez, 397 So.2d 1171 (Fla. 3d DCA 1981) (implied covenant of good faith in lease performance)