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ICSC Legal Database - CasesMonday, February 22, 1999 05:02 PM

Case Index:
00183

Citation:
Brandt v. Dade Dental Center, Inc., 684 So.2d 1063 (Fla. Dist. Ct. App. 1996)

Issue:
Whether a Landlord may require a tenant to pay more than the tenant's pro rata share of any property tax or

insurance increases?

Facts:
Plaintiff-Landlord leased space in a building to Defendant, Dade Dental Center. The lease provided that besides

the base rent, Tenant was required to pay 15% of any increase of the property tax and insurance for the

building. At the end of the term, Landlord filed suit against Tenant for the additional rent. At trial, the testimony

from both sides revealed that Tenant occupied only 2.4% of the building. The trial court found the additional rent

to be unconscionable.

Holding:
Judgment affirmed. The terms of the lease charged Tenant over six times his pro rata share of the tax and

insurance increases. The Tenant was not even aware that the 15% was not its true pro rata share. Therefore,

the trial court was correct in finding the provision unconscionable.

Publication:
Legal Update

Date:
Winter 1996

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

00183 - Legal Update - Winter 1996