No Proof that Wrongful Eviction Destroyed Tenant's Business

A tenant operated an automotive repair business. When it fell behind in paying rent, the owner barred the tenant from the space without notice and without starting an eviction proceeding. After two weeks, the owner let the tenant into the space to remove some tools and equipment. Other items were removed by the tenant's business partner. The tenant sued the owner for wrongful eviction. The lower court ruled that the tenant had been wrongfully evicted and awarded it $45,600—after subtracting the amount of rent it owed. The owner appealed.

A Florida appeals court ruled that the tenant wasn't entitled to damages because it had failed to prove that the wrongful eviction had destroyed his business. To do so, the tenant had to prove that it suffered losses that were the “natural, direct, and necessary consequences” of the owner's wrongful eviction. But the tenant admitted that it had leased another space for its business. And the court rejected the tenant's argument that the owner had “converted” its tools and equipment—that is, kept the tenant from said property without the authority to do so. But the court upheld the lower court's ruling that the tenant owed the owner $4,400 in rent [Rost v. Bowling].