Legal Question in Landlord & Tenant Law in Florida

commerical landlord / tenant

Landlord has precluded its tenant (a restaurant) or any of its cleints, employees, principals, vendors from parking in the spaces in front of and adjacent to the restaurant, under threat of trespass warning and arrest. The lease, in regard to parking, only states that the landlord is responsible for the parking lot. Landlord's attorney states the landlord is not responsible for providing any parking. The tenant/landlord relationship has been for 3 years with the use of the parking lot. Any recourse against landlord (for their attempt to deprive the client of any business) Immediately prior to the Attorney's letter stating this policy, Landlord had the restaurant owner's car towed away to an impound lot during the middle of the afternoon during operating hours


Asked on 10/21/08, 1:01 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: commerical landlord / tenant

It sounds like you have a good case for "constructive eviction," which means that the landlord has taken an action which so disrupts your tenancy that he might have well have just evicted you. You probably have several other causes of action against him as well. Obviously, you can't run a restaurant without parking. You should speak with a real estate attorney.

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Answered on 10/21/08, 10:54 pm
David Slater David P. Slater, Esq.

Re: commerical landlord / tenant

Sounds like a breach of contract to me. A lawsuit may be in order.

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Answered on 10/24/08, 8:03 pm


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