Security Deposit Claims, Landlord Tenant Act

In my June 2013 Blog, I shared with you a major change to the  Florida Landlord &Tenant Act regarding security deposits that will require changes to your lease form.  In that blog, I shared with you the new language. (To view the blog check here).

In a subsequent blog, in July, I addressed another “security deposit” issue change to the Florida Landlord &Tenant Act, namely; If the owner/landlord or its management company failed to timely send out the Notice of Intention to Impose Claim on Security Deposit, or didn’t have the proper language in the notice that is set forth in the statute, you must return the entire deposit. See that blog here for further details.

In this blog, I am sharing with you a recent case decided, July 1, 2015–Obendorf V Rasmussen. In that case, the tenant made a claim that landlord did not place the security deposit in an escrow account and therefore the landlord should not have a right to make a claim on the security deposit. The judge in Sarasota County Court ruled that although not placing the security deposit in an escrow account is a violation of Florida Statutes 83.49(1), which states that the landlord should not co-mingle the security deposit with its operating funds, however, the statute provides no penalty for such violation.

Based on this ruling, the landlord was still allowed to make a claim on the deposit and attorneys fees and costs against the landlord were denied.

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This BLOG is to provide helpful information and should not be considered legal advice