Rizzo v. Naranja Lakes Condominium Assoc. Numbers One, Two, Three, Four & Five
District Court of Appeal of Florida
1Opinion of the Court
SCHWARTZ, Chief Judge.
The trial judge ruled that the developers-landlords under a 99-year “net lease” 1 of the common areas of a condominium complex were “required under the lease to make all capital improvements required when a condition of disrepair can not be' corrected by ordinary maintenance and repairs.” We reverse.
It is established Florida law that the lessee, not the lessor, has the duty to make repairs of any kind to the demised premises in the absence of a specific undertaking to the contrary. See Fischer v. Collier, 143 So.2d 710 (Fla. 2d DCA 1962); Easton v. Weir, 125 So.2d 115…
2Cases cited7 opinions
- Easton v. WeirDistrict Court of Appeal of Florida · 1960
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Levitz Furniture Co. v. Continental EquitiesDistrict Court of Appeal of Florida · 1982
- Fischer v. CollierDistrict Court of Appeal of Florida · 1962
- City of St. Petersburg v. Competition Sails, Inc.District Court of Appeal of Florida · 1984
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3Cited by2 opinions
- Grand Harbor Golf & Beach Club, Inc. v. Grand Harbor Golf Club, LLC, L.P.District Court of Appeal of Florida · 2024
- VIGNARAJ MUNSAMI PILLAY v. PUBLIC STORAGE, INC.District Court of Appeal of Florida · 2019