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Palm Beach Florida Hotel v. Nantucket Enterprises

District Court of Appeal of Florida

211 So.3d 42 (2016)

Relevant factsFree

After Nantucket's (defendant's) restaurant space was shut down by the city for permit violations, the hotel (plaintiff) chained and locked all of Nantucket's leased areas the same day, terminated the lease, and had police escort Nantucket's employees entirely off the premises, even though the lease itself authorized the hotel to retake possession upon default. The trial court found the hotel wrongfully evicted Nantucket from the entire premises, and the jury awarded several million dollars for wrongful eviction and conversion; the hotel appealed.

IssueFree

Whether a landlord is guilty of wrongful eviction for using self-help to evict a tenant in a state that does not authorize self-help, even if the lease agreement itself authorized self-help.

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