Bal Harbour Shops Marketplace, LLC v. ORU Associates, Inc.
Bal Harbour Shops leased retail space under a commercial lease conditioned on substantially completing initial work and opening for business before rent commenced. After permitting delays, Bal Harbour terminated and demanded return of its $45,540 in prepaid rent and security deposit. The trial court entered judgment for the landlord, finding Bal Harbour 'opened for business upon lease execution' and breached an implied covenant of good faith. The Third DCA reversed: the lease required actual retail operations before rent was owed, and the implied covenant finding was improper because it was not tethered to any express lease term.
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