The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust
A family trust landlord sued the estate of its deceased tenant (the trust's own settlor/trustee) for 99 years of unpaid rent under a residential lease-back executed as part of an estate plan. The Third District affirmed the trial court's limitation of the landlord's remedies, holding that the lease's two coexisting remedies (termination or eviction) controlled and that section 83.595, Florida Statutes, sets out the total universe of landlord remedies, requiring abandonment, surrender, or procurement of a writ of possession before a landlord may 'stand by and do nothing' and sue for accruing rent.
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