Siewert v. Casey

Summary

The Fourth District Court of Appeal affirmed a final judgment in favor of a residential tenant who terminated the lease after the landlord allegedly refused to approve any sublease. The court held that, where a lease requires landlord approval without standards governing that approval, the implied covenant of good faith prohibits the landlord from arbitrarily or categorically withholding consent.

Holdings

1. When a lease requires the landlord's consent to a proposed sublease but provides no specific standards governing approval, the landlord may not arbitrarily withhold consent because the implied covenant of good-faith performance applies to the provision.
2. A landlord's blanket refusal to consent to any sublease, when the lease requires the landlord's prior approval, is unreasonable as a matter of law and violates the covenant of good faith.
3. Competent, substantial evidence supported the trial court's finding that the landlord refused to enter into any sublease, and the appellate court would not reweigh conflicting evidence or witness credibility.

Questions Presented

1. Whether competent, substantial evidence supported the trial court's finding that the landlord arbitrarily refused to allow any sublease.
2. Whether a landlord may arbitrarily withhold consent to a proposed sublease when the lease requires prior approval but provides no standards governing that approval.
3. Whether the landlord's blanket refusal to consent violated the implied covenant of good faith and excused the tenant's continued performance under the lease.

Disposition

affirmed