Hob Nobbers, Inc. v. Demetree

OPINION OF THE COURT

JAMES C. HAUSER, County Judge.

Plaintiff is a non-residential tenant of the Defendant. The air conditioner malfunctioned and Plaintiff sued Defendant for the cost of repairing it. The written lease failed to mention whether the tenant or landlord would be responsible for making air conditioner repairs. The court ruled that in a non-residential tenancy, unless the lease states otherwise, the tenant is required to make the repairs. Fischer v. Collier, 143 So.2d 710 (Fla. 2d DCA 1962).

Since Defendant prevailed she seeks attorney fees pursuant to section 12 of the lease which…