For commercial landlords, evicting a tenant can require proving many things. In the case of one Florida landlord, even if it had enough proof that its tenant committed the sort of transgressions that were valid grounds to permit an eviction, it might still not be entitled to force the tenant out. The 2d District Court of Appeal reversed a summary judgment in the landlord’s favor, in part because the tenant raised a viable defense that an eviction would lead to an unfair and unjust forfeiture on the tenant’s part.
The commercial lease in question involved Atria Group, the tenant, and One Progress Plaza, II, LLC, the landlord. The two sides completed a commercial lease agreement in 2010 for Atria to rent a pair of spaces within the landlord’s high-rise tower in downtown St. Petersburg. From its spaces, Atria planned to run a restaurant and nightclub. By the fall of 2013, the business relationship had deteriorated, and the landlord sought to evict Atria. In its court filing, the landlord accused the tenant of several violations of the lease, none of which were related to paying rent. The alleged misdeeds included damage to the property, illegal activity, and cleanliness issues.