Edge Pilates Corporation v. Tribeca Aesthetic Medical Solutions, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D509 (Fla. 4th DCA February 25, 2015)
The tenant, who operated a Pilates gym, subleased a portion of its space to an internist, who catered to the same demographic. The rent included promotional services, but the sublease did not breakdown the amounts attributable to occupancy and promotion. When the subtenant failed to pay the rent, the tenant filed an action for eviction, and the subtenant counterclaimed for unjust enrichment based upon the failure to provide promotional services. The trial court, after a bench trial, denied eviction but awarded $100,000 on the counterclaim. The appellate court reversed. The tenant was entitled to eviction because it proved that the subtenant remained in possession three days after receiving the tenant’s notice to pay rent or vacate the premises. The trial court also erred by awarding damages on the counterclaim because of the absence of evidence allocating the amount of rent due for occupancy and promotional services. The appellate court remanded for an apportionment.
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