Owner Could Evict Tenant that Withheld Rent to Cover Repairs

A lease required the tenant to repair and maintain its space and the building. After the city issued a notice that the building's electrical wiring violated the city's code, the tenant asked the owner to repair the wiring. The owner didn't make the necessary repairs. So the tenant repaired the wiring and then notified the owner that it was withholding rent to cover the repair costs. The owner sued to evict the tenant and for the rent due.

A Florida appeals court ruled that the owner could evict the tenant and ordered it to pay the owner the rent due, plus attorney's fees and court costs. The court rejected the tenant's argument that it was entitled to withhold rent to cover the costs of making repairs to the property, as the lease required the tenant to make such repairs [Boudreau v. M & H Food Corp.].