Protect Your Rights: A Must-Know for Property Managers

This case of Poky Mgmt. v. Solutrean Inv. Grp., 390 So.3d 753 (Fla. 5th DCA 2024) involved a commercial landlord-tenant dispute where Poky Management, LLC ("Landlord") sought attorney’s fees following an eviction proceeding against Solutrean Investment Group, LLC and Criminal Defense League Processing, LLC ("Tenants").

The dispute hinged on a lease that included a prevailing party attorney’s fees provision. The trial court denied the Landlord’s claim for fees, asserting the lease was void based on an unpled defense raised by the Tenants. The appellate court reversed the trial court, emphasizing that unpled affirmative defenses cannot serve as the basis for denying fees. The case was remanded for a hearing to determine the reasonable amount of attorney’s fees owed to the Landlord.

Key appellate findings included:

• Unpled Defenses Are Improper: Tenants failed to raise the invalidity of the lease as an affirmative defense in their pleadings, rendering their defense inadmissible.

• Attorney’s Fees Entitlement: The lease and general pleading by the Landlord were sufficient to establish entitlement to attorney’s fees.

• Proper Procedure Matters: The court criticized the trial court’s reliance on a proposed order submitted verbatim by the Tenants without proper factual consideration.

The Case That Almost Cost the Landlord Attorney’s Fees

In the challenging world of property management, disputes over leases, evictions, and tenant obligations are common. The case of Poky Management, LLC v. Solutrean Investment Group, LLC underscores the vital role an experienced landlord-tenant attorney plays in protecting property managers’ rights and ensuring justice.

In this case, a commercial landlord sought attorney’s fees after successfully evicting a tenant for nonpayment of rent. Despite the lease containing a clear prevailing-party attorney’s fees clause, the trial court denied the landlord’s request. Why? Because the tenant raised an unpled defense claiming the lease was void—a strategy that lacked proper legal grounding.

Fortunately, the landlord’s legal team appealed and succeeded in reversing the trial court’s decision. The appellate court ruled that the defense should have been raised earlier in the process, and the landlord was indeed entitled to attorney’s fees.

The Takeaway for Property Managers

This case demonstrates why property managers should prioritize hiring attorneys with specialized expertise in landlord-tenant law. Here’s why:

• Understanding Procedural Requirements: The appellate court emphasized the importance of proper pleadings and procedural rules. An experienced attorney ensures all defenses and claims are addressed timely, helping to prevent costly delays or appeals.

• Enforcing Lease Provisions: Leases often contain clauses that protect landlords, such as prevailing-party attorney’s fees provisions. Attorneys familiar with landlord-tenant law know how to leverage these clauses effectively.

• Protecting Against Legal Tactics: Tenants may attempt to introduce defenses at the last minute, as seen in this case. A knowledgeable attorney can challenge such tactics and protect the landlord’s interests.

• Efficient Resolution: Prolonged legal battles are expensive. A skilled attorney can streamline the process, avoiding unnecessary litigation and focusing on swift, favorable outcomes.

Don’t Leave Your Rights to Chance

For property managers, working with a legal expert in landlord-tenant law is not just a safeguard—it's an investment in your business’s success. Cases like Poky Management highlight how quickly missteps can lead to costly outcomes. By partnering with an experienced attorney, property managers can confidently handle disputes, secure favorable rulings, and protect their bottom line.

Ready to Protect Your Property Management Business?

If you’re a property manager, don’t wait for a crisis. Choose a law firm with a proven track record in landlord-tenant law today and safeguard your property’s future. Contact Property Management Law Solutions today.

Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.