ROBERT BRANDT, JAMES BRANDT, GARY BRANDT and JOHN BRANDT, d/b/a PIX REALTY, Appellants, vs. DADE DENTAL CENTER, INC., Appellee., 680 So. 2d 1063

Summary

Defendant tenant entered into a five-year commercial lease with plaintiff landlord for 2.4 percent of a building with 72,179 square feet of leasable space. In conjunction with the base rent, defendant was required to pay additional rent of 15 percent for any increase in property taxes and insurance premiums over the base year amount. Upon termination of the lease, a dispute arose regarding payment of the additional rent. Subsequently, plaintiff filed an action to recover the additional rent, plus double rent for the month defendant remained following the termination date. Defendant argued in response that the additional rent provisions were unconscionable. The trial court entered judgment, finding the provisions were unconscionable and permitting plaintiff to retain a $ 5000 security deposit that was applied to the outstanding rent. Plaintiff appealed. The court affirmed because there was sufficient evidence to support the trial court's determination that defendant's liability pursuant ...