The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust
394 So.3d 236
Fla. Dist. Ct. App.2024Background
- Dr. Lee Duffner transferred ownership of his longtime family home to the Duffner Family 2012 Irrevocable Trust (the "Family Trust") and executed a 99-year lease for himself, his wife, and associated trusts as tenants.
- The lease included a fair market value rent provision, a default article for nonpayment, and specified remedies for landlord in case of default (termination or eviction proceedings).
- Dr. Duffner later sued to rescind the trust and lease, claiming undue influence by his daughter, but lost after appellate review.
- Upon Dr. Duffner's death, the Family Trust sold the property and sought unpaid rent from the Estate for the duration of the lease, filing a breach of contract complaint.
- The trial court limited the Family Trust’s damages to the period before Dr. Duffner’s death, holding that the remedies were limited by the lease and statutory law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remedies under the lease were exclusive or supplemented by law | Remedies in lease are not exclusive; may collect rent for whole lease term | Lease terms foreclose collection of accrued rent; Trust did not pursue lease remedies | Lease remedies are controlling; unpaid rent recovery limited by both lease terms and Florida Residential Landlord and Tenant Act |
| Application of Fla. Stat. § 83.595 to landlord’s choice of remedies | Could "stand by and do nothing,” then sue for unpaid rent | Writ of possession or surrender required to claim further rent under statute | Statutory remedies are exclusive; Trust did not obtain writ or possession, so claim fails |
| Whether Dr. Duffner abandoned or surrendered the premises | N/A | No surrender or abandonment occurred | Remaining in premises until death is not abandonment or surrender |
| Effect of Dr. Duffner’s retained lease modification power as trustee | N/A | Dr. Duffner could modify/waive lease terms | Retained power supports denial of legal action for accrued rent during his life |
Key Cases Cited
- Rodeway Inns of Am. v. Alpaugh, 390 So. 2d 370 (Fla. 2d DCA 1980) (leases are strictly enforced as written and courts should not rewrite lease provisions)
- Jenkins v. Eckerd Corp., 913 So. 2d 43 (Fla. 1st DCA 2005) (unambiguous lease terms require no judicial construction)
- Talbott v. First Bank Fla., FSB, 59 So. 3d 243 (Fla. 4th DCA 2011) (plain lease language is binding evidence of the parties' intent)
- Olen Props. Corp. v. Moss, 984 So. 2d 558 (Fla. 4th DCA 2008) (Florida Residential Landlord and Tenant Act displaces common law landlord remedies)