
    Bonnie BANEGAS, individually (as survivor) and as Personal Representative of the Estate of Gilberto Banegas (deceased), Appellees, v. RECO REALTY CORP., a Florida corporation d/b/a Rincon Latino Restaurant, and Ziff Associates No. 1, Inc., Appellees.
    No. 96-2535.
    District Court of Appeal of Florida, Third District.
    Oct. 22, 1997.
    
      Judith H. Hayes, Miami, for appellants.
    Hinshaw & Culbertson, and Eric G. Bel-sky, and Eduardo Cosío, Fort Lauderdale, for appellees.
    Before NESBITT, GERSTEN and GREEN, JJ.
   PER CURIAM.

Appellant, Bonnie Banegas, appeals a summary judgment in favor of appellee, Ziff Associates (“owner-lessor”). We affirm.

If it were alleged that the tenant-lessee was the agent of the owner-lessor then summary judgment would not be proper. See Vic Potamkin Chevrolet v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987); Anderson v. Walthal 468 So.2d 291 (Fla. 1st DCA 1985). Here, however, pursuant to the lease, tenant-lessee maintained control of the premises and there was no agency relationship. Therefore, the owner-lessor had no legal duty to maintain a safe premises. See Santiago v. Allen, 449 So.2d 388 (Fla. 3d DCA 1984).

Affirmed.  