A classic comedy bit from the first half of the 20th century involved Abbott and Costello and a baseball game. While “Who’s on First” may be good for a laugh, it also points to a basic truth – which is the importance of understanding the true identities of all of the essential players in a given setting. That can be very important in your Florida landlord-tenant dispute. If you, as the tenant, need to sue or defend against a lawsuit, it is very important to make sure that the litigant opposing you is legally entitled to claim to be your landlord. In a recent dispute in the Tampa Bay area, the tenant was able to use a lack of clarity on that subject matter to avoid summary judgment in an eviction action.
The owner of a St. Petersburg fish restaurant signed a commercial lease for a space in South St. Pete. The lease’s rent provision stated that the tenant was to pay either a flat amount or a percentage of gross annual revenues, whichever was greater. The restaurant timely paid all of its rental obligations in accordance with the flat-rate base rent provision. According to the landlord, the problem was that the tenant, after 2007, stopped providing its financial information to allow for a determination if the restaurant owed rent in excess of the base rate as a result of the volume of revenues it took in.
The landlord, Maximo Harborage Marina, LLC, sought an order of eviction and a determination of rents in the summer of 2014. Unfortunately for the landlord, it was not current with some of its mandatory filings with the state Division of Corporations, so it could not litigate the case. The landlord eventually substituted another LLC, JMS Marinas, LLC, as the plaintiff in the eviction case.