Legal Question in Civil Litigation in Florida

Commercial

Tenant in residential lease photgraphs interior of home and uses the image to promote commercial activity, without landlord's knowledge or consent, where lease contains clause prohibiting commercial use of home.


Asked on 6/30/09, 12:16 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Commercial

"Promotion of commercial activity" may not be the same as "commercial use." I would have to look at the lease, but typically I think the "commercial use" provisions in a residential lease prohibit running a business from the home (without prior approval). Like zoning for "residential" versus "commercial", there must be some general standards for what constitutes the primary use of the property (whether it is in the lease, or in zoning law, real estate law, or general standards in the industry). So, it would require research for me to know the exact definition of "commercial use" in this context.

That said, I do not know 1) what commercial purpose does the tenant have for the photos? (to demonstrate her interior design?); 2) do you object to the tenant's use of the photographs and why?

I would need more facts to give a better answer.

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Answered on 6/30/09, 8:17 am


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