CopyCited 40 times | Published | Supreme Court of Florida
...elf create a tort where a tort otherwise does not exist. Concerning the award of attorneys' fees, we hold that they are not recoverable by statute. The trial court found that the Tenants were eligible for attorneys' fees under sections
83.48 [2] and
83.49(3)(c), [3] Florida Statutes (1977)....
...nant. A corresponding right is granted to the tenant if the tenant prevails. In the present case, since the basis of the action is the regulatory agreement and not a rental agreement, the Tenants are afforded no rights under this statute. Similarly, section 83.49(3)(c) is likewise not applicable because a right to a security deposit was not adjudicated. That section applies to suits instituted for the recovery of security deposits in which both the landlord and tenant claim entitlement thereto. As seen by putting section 83.49(3)(c) within the context of preceding sections 83.49(3)(a) [4] and (3)(b), [5] the issue that the statute addresses is the issue of a tenant's right to the return of his security deposit upon vacating the premises. In contrast, the issue in the instant litigation concerned whether or not a security deposit equal to two month's rent could be required under FHA regulations. Section 83.49(3)(c), therefore, provides no basis for an award of attorneys' fees....
... If a rental agreement contains a provision allowing attorney's fees to the landlord when he is required to take any action to enforce the rental agreement, the court may also allow reasonable attorney's fees to the tenant when he prevails in any action by or against him with respect to the rental agreement. [3] 83.49 Deposit money or advance rent; duty of landlord and tenant....
...on to impose a claim thereon. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of ____ upon your security deposit. It is sent to you as required by s. 83.49(3), Florida Statutes....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...was neither alleged nor proved. We are bound by a long-standing and unbroken line of authority to reverse the punitive damage award. [6] B. Attorneys' Fees The trial court awarded the tenants attorneys' fees under the authority of Sections
83.48 and
83.49(3)(c), Florida Statutes (1977)....
...y's fees to the landlord when he is required to take any action to enforce the rental agreement, the court may allow reasonable attorney's fees to the tenant when he prevails in any action with respect to the rental agreement." (emphasis supplied). "§ 83.49(3)(c) If either party institutes an action in court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney......
...Jennings Construction Corporation,
212 So.2d 809 (Fla.3d DCA 1968) (holding that a statute providing for attorneys' fees upon foreclosure of a lien does not authorize attorneys' fees unless the lien itself, not merely the right to recover damages, is established). Similarly, Section
83.49(3)(c) provides no basis for an award of fees....
...al to two months' rent could be required by the landlord under the FHA regulations. The issue in this litigation was not the tenants' right to the return of their security deposits upon vacating the premises, which, as is so plainly seen by Sections 83.49(3)(a) and (b), is the underlying litigation contemplated by Section 83.49(3)(c), and the sine qua non of a fee award....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2228, 1990 WL 37423
...t possession of the funds (a) so they could fulfill their obligation to return the funds at the end of the lease term, and (b) so they could retain whatever part of the security deposits they may have been entitled to under the leases. See generally § 83.49, Fla. Stat. (1987). It was a matter of the landlords' discretion to hire an agent, Geovest, to hold the funds. See id. § 83.49(1)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 126369
...Appellee, the landlord, counterclaimed for damages. The final judgment, following a jury verdict, awarded appellants the total amount of the security deposit, but also awarded appellees a smaller amount for damages on the counterclaim. Appellants sought attorney's fees under section 83.49(3)(c), Florida Statutes (1989), which provides: If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney....
...Alcime,
448 So.2d 1208 (Fla. 3d DCA 1984), failure to give the required notice penalizes a landlord by forfeiting his access to the security deposit in an independent action for damages, and by making the landlord liable for attorney's fees and costs under section
83.49(3)(c)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 1748642, 2013 Fla. App. LEXIS 6544
...A landlord appeals the trial court’s final judgment in which it found that the tenant was entitled to the return of what the court found to be advance rent on a theory of unjust enrichment, because the rent was not held in a segregated account pursuant to section 83.49(1), Florida Statutes....
...The tenants moved out but claimed that they repaired the property before they left. When the tenants demanded a return of the rent money, the landlord refused. The tenants then sued the landlord. In their second amended complaint against the landlord, count I sought a return of the security deposit and advance rent under section 83.49. The tenants contended that section 83.49(3) 1 required the landlord to give notice of the landlord’s intent to assert a claim against the security deposit within 15 days of the tenants vacating the *892 premises, or the landlord would forfeit its right to it....
...Count I also alleged that the landlord had failed to notify the tenant of the manner in which.the security deposit was being held during the term of the lease and did not segregate the monies held either for rent or for security deposits in a separate account, in violation of section 83.49....
...ease. As to the claim for return of the unused rental monies, it contended that the rent amount of $66,000 was not advance rent but was a single payment of rent due for a single year-long rental period. The landlord contended that it did not violate section 83.49(2) by failing to segregate and hold the monies in an interest bearing account....
...After a trial on the matter, the court ruled that the $66,000 rental payment was advance rent, within the meaning of section
83.43(9), which had not been segregated in an account, and that the landlord did not post a bond to secure the advance rent for the tenant in accordance with the provisions of section
83.49(1). The court determined that the landlord would be unjustly enriched if it were permitted to keep the remaining rental monies in the amount of $38,500. It found that the landlord had violated the notice requirements of section
83.49(3) with respect to the security and pet deposits and awarded the tenant the amount of those deposits plus interest thereon....
...We disagree that the $66,000 rental payment constituted advance rent under the Landlord and Tenant Act. Section
83.48(9) defines “advance rent” as “moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.” Section
83.49(1) requires that the landlord hold advance rent in segregated accounts “[wjhenever money is deposited or advanced by a tenant on a rental agreement ......
...Therefore, the $66,000 was not being held for a future rental period but was paid for the current year’s rental. It did not constitute advance rent within the meaning of the Landlord and Tenant Act. See §
83.43(9), Fla. Stab Because it was not advance rent, the landlord did not have an obligation under section
83.49(1) to segregate the rental payment or to post a bond to secure the tenants’ rent payment....
...The court should also reduce the interest awarded in the final judgment accordingly. Because of our ruling on the appeal issues, we affirm on the tenant’s claims of entitlement to attorney’s fees raised in their cross-appeal as well as the other issues raised by the landlord. CIKLIN and LEVINE, JJ., concur. . Section 83.49(3)(a), Florida Statutes, provides: Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit...
...n for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of _ upon your security deposit, due to_It is sent to you as required by s. 83.49(3), Florida Statutes....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...On that date, defendant requested and was granted leave to file a counterclaim for actual and punitive damages. Petitioner moved to dismiss the counterclaim and a final order, finding that defendant had forfeited his right to state a cause of action for damages by failing to comply with the requirements of section 83.49(3)(a), Florida Statutes (1981), [1] was entered dismissing defendant's counterclaim. Thereafter, the defendant landlord returned the security deposit and appealed the dismissal of the counterclaim to the appellate division of the circuit court. A three judge panel reversed the trial court, finding that the notice requirements of section 83.49(3)(a) pertained only to claims for damages made against the security deposit itself and not to general claims for damages against a former tenant. This petition followed. We note at the outset that this appears to be a case of first impression. The question before us is whether failure to comply with the notice requirements of section 83.49(3)(a) bars forever all claims for damages or only bars those claims made against the security deposit....
...hing is unfounded. [2] It ignores the penalties built into the process. When a tenant files suit for the return of a security deposit, the procedure is simple and straightforward. The case is advanced on the calendar so that it is heard quickly. See section 83.49(3)(c)....
...The fact that the landlord may have an independent action for damages is immaterial. By his violation of the statute, the landlord has forfeited his access to that particular, readily available fund of money. That is the first penalty. In addition, the landlord is liable for attorneys' fees and costs under section 83.49(3)(c)....
...te. We deny the petition to the extent that we find the appellate panel's decision on the counterclaim was correct. We grant the petition for the limited purpose of quashing the appellate panel's decision on petitioner's request for attorneys' fees. Section 83.49(3)(c) clearly states that when a party is obligated to adjudicate his right to the security deposit and prevails, that party is entitled to costs and a reasonable fee for his attorney. Petitioner prevailed below and is entitled to costs and attorneys' fees from the defendant landlord. The petition is denied in part and granted in part. NOTES [1] Section 83.49(3)(a) states in relevant part: Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return said security deposit together with interest or in which to give the tenant written notice by certi...
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6324
...The grounds for the objection are that: (1) this is a claim for a security deposit which is not entitled to priority, and (2) the claim for interest and attorneys' fees should be stricken. The claimants were tenants of the debtor/husband. Claimants rely on Fla. Stat. § 83.49(3)(a) which states: "Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which to give the tenant written notice b...
...11 is stricken as a priority claim. The statute provides for recovery of interest under certain circumstances, but claimants have presented no evidence to support their claim for interest. Claimants assert a right to receive reasonable attorneys' fees. They rely on Fla.Stat. § 83.49(3)(c), which provides that: "If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 5232231, 2012 Fla. App. LEXIS 18503
...at 555 (alteration in original) (quoting Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd.,
647 So.2d 1028, 1031 (Fla. 4th DCA 1994)). The Tenant was not entitled to use the rider to attack the validity of his lease with the Landlord. Next, the Tenant asserts that the Landlord failed to comply with section
83.49(2), Florida Statutes (2008), by failing to provide written notice to the Tenant “of the manner in which the landlord is holding the advance rent or security deposit.” However, that subsection “does not apply to any landlord who rents fewer than five individual dwelling units.” §
83.49(2)(c), Fla. Stat. (2008). The Landlord owned but one rental unit in Florida, so she was excused from the subsection’s notice requirements. In any event, the statute provides that “[fjailure to provide this [section
83.49(2) ] notice shall not be a defense to the payment of rent when due.” 1 Id. The Tenant further argues that he is entitled to the return of his security deposit because the Landlord failed to comply with the notice requirement of section
83.49(3)(a), Florida Statutes (2009)....
...Second, the Landlord’s obligation to provide this notice was excused by the Tenant’s failure to give the seven-day notice implicated when a “tenant ... vacates or abandons the premises prior to the expiration of the term specified in the written lease.” § 83.49(5), Fla. Stat. (2009). The failure of the tenant to give this notice “shall relieve the landlord of the notice requirement of [section 83.49(3)(a) ].” Id....
...The lease did not limit how the security deposit could be applied, so the trial judge properly applied it to reduce the amount of damages owed by the Tenant. The Tenant thus had an opportunity to establish his “right” to the security deposit within the meaning of section
83.49(5), but was unable to do so. The Tenant’s reliance on Durene v. Alcime,
448 So.2d 1208 (Fla. 3d DCA 1984), is unavailing, since that case involved a situation where the landlord’s obligation to give the section
83.49(3)(a) notice was not excused by the Tenant’s failure to give the notice required by section
83.49(5)....
...mply “with s.
83.51(1) or material provisions of the rental agreement.” §
83.56(1), Fla. Stat. (2009). Affirmed. CIKLIN, GERBER and LEVINE, JJ„ concur. . We do not reach the issue of a tenant’s remedy where the landlord fails to comply with section
83.49(2), Florida Statutes (2008). See §
83.49(8), Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 5405
...As noted above, the lease agreement was not reduced to writing, thus, a month-to-month tenancy at will was created pursuant to §
83.01 Fla.Stat. (Supp.1981). While it is not clear whether the Plaintiff gave a 7 day termination notice as required by §
83.49 Fla.Stat., it is evidence that both parties agreed to the early termination date and notice of termination is not a controverted issue. It is important to note, however, that in regard to the contested security deposit, the Defendant failed to comply with the statutory guidelines governing residential tenancies. §
83.49 Fla.Stat....
...nd was posted. The Plaintiff was never advised of the manner in which the landlord held the funds and finally, the Plaintiff was not timely notified by certified mail of the Defendant's intent to impose a claim on the security deposit as required by § 83.49(3)(a) Fla.Stat....
...r payment of the water bill. Accordingly, it is ORDERED, ADJUDGED AND DECREED that a money judgment shall be entered in favor of the Plaintiff, Lois M. Hasty. The Plaintiff shall recover the sum of $935 in addition to $500 attorneys fees pursuant to § 83.49(3)(a) Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...the
Broward eviction case was not mailed to the landlord at the address
specified in the lease and was ineffectual. Additionally, the tenant failed
to properly advise the landlord of his new mailing address upon vacating
the premises as required by section 83.49(5), Florida Statutes (2023).
Thus, the “place of payment” for purposes of venue did not change.
This matter is remanded with directions to grant the landlord’s motion
and transfer this action to Broward County.
Reversed and...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 255, 1999 Bankr. LEXIS 859, 34 Bankr. Ct. Dec. (CRR) 858, 1999 WL 528908
...The fair market value of the Apartments is $550,000.00. 12. Although Debtors established a separate bank account for the tenants' security deposits, funds within the account fail to replenish the security deposits previously collected and utilized by Debtors in violation of Section 83.49, Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal
...pro se and settled with the landlord. The tenant then breached her
settlement, resulting in a withdrawal of all defenses and an eviction
judgment. Upon vacating the premises, the tenant failed to properly notify
the landlord of her new forwarding address as required by the lease and
section 83.49(5), Florida Statutes (2022). The landlord properly served its
notice of claim against the security deposit at the tenant’s “last known
mailing address.” § 83.49(3)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 14280
holding since October 1, 1972, as required by §
83.49, Fla.Stat., F.S.A., of the Florida Residential
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21858
...s neither alleged nor proved. We are bound by a long-standing and unbroken line of authority to reverse the punitive damage award. 6 B. Attorneys’ Fees The trial court awarded the tenants attorneys’ fees under the authority of Sections
83.48 and
83.49(3)(c), Florida Statutes (1977), They provide; Ҥ
83.48 — Attorney’s Fees — If a rental agreement contains a provision allowing attorney’s fees to the landlord when he is required to take any action to enforce the rental agreement, the court may allow reasonable attorney’s fees to the tenant when he prevails in any action with respect to the rental agreement.” (emphasis supplied). “§
83.49(3)(c) — If either party institutes an action in court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney.....
...Jennings Construction Corporation,
212 So.2d 809 (Fla.3d DCA 1968) (holding that a statute providing for attorneys’ fees upon foreclosure of a lien does not authorize attorneys’ fees unless the lien itself, not merely the right to recover damages, is established). Similarly, Section
83.49(3)(c) provides no basis for an award of fees....
...o two months’ rent could be required by the landlord under the FHA regulations. The issue in this litigation was not the tenants’ right to the return of their security deposits upon vacating the premises, which, as is so plainly seen by Sections 83.49(3)(a) and (b), is the underlying litigation contemplated by Section 83.-49(3)(c), and the sine qua non of a fee award....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213
...s a notice of my intention to impose a claim for damages in the amount of $_upon your security deposit due to (insert amount of damages) (insert damage done to premises or other reason for claiming security deposit). It is sent to you as required by s. 83.49(3) Florida Statutes....
...If the landlord does not send the notice within the 15 day period he cannot keep the security deposit. If the tenant does not object to the notice, the landlord may then keep the amount stated in the notice, and must send the rest of the deposit to the tenant within 30 days after the date of the notice. SOURCE: Section 83.49(3)(a), Florida Statutes (1990)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9741, 1990 WL 211735
...urity deposit retained by them. In addition, we find that appellant is entitled to another $20, the balance of the retained security deposit. Appellees’ untimely notice forfeited their right to impose any claim upon appellant’s security deposit. § 83.49(3)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15959, 1998 WL 879142
...Nelson, an attorney, was a tenant of a residential complex managed by Florida RS, Inc. Because the manager asserted a past balance owed by Nelson, it filed a three-day notice for payment or possession of premises. Nelson filed an action for breach of lease and violation of section 83.49(9), Florida Statutes (1995), which requires that interest be paid on security deposits on an annual basis....
CopyPublished | Florida 3rd District Court of Appeal
...unty, Jeffrey
Rosinek, Senior Judge.
Daniel W. Courtney, P.A., and Daniel W. Courtney, for appellant.
Harvey D. Rogers, P.A., and Harvey D. Rogers, for appellees.
Before EMAS, GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See § 83.49(3)(a), Fla....
...(2022) (“If the landlord fails to
give the required notice within the 30-day period, he or she forfeits the right
to impose a claim upon the security deposit and may not seek a setoff
against the deposit but may file an action for damages after return of the
deposit.”); § 83.49(5), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...Does a municipal housing authority have the authority to require security deposits of any nature from its tenants? 2. If a municipal housing authority is empowered to exact security deposits from its tenants, is it excepted or exempted from the operation of s. 83.49 , F....
...Board of Commissioners, supra , at 351; Devin v. City of Hollywood,
351 So.2d 1022 , 1025 (4 D.C.A. Fla., 1976); Interlachen Lakes Estates, Inc. v. Snyder,
304 So.2d 433 , 434 (Fla. 1973); cf. In re Advisory Opinion of Governor Civil Rights,
306 So.2d 520 , 523 (Fla. 1975); AGO 076-51. Section
83.49 (4), F. S., does not purport to authorize a municipal housing authority to exact and collect security deposits from its tenants or to regulate the amount of security deposits. Instead, that subsection provides in material part that the provisions of s.
83.49 shall not apply to instances `in which amount of rent or deposit, or both, is regulated by law or rules or regulations of a public body ....
CopyPublished | Florida 2nd District Court of Appeal
...Skylake is undoubtedly the prevailing
party following the bench trial in this matter, it timely moved for fees and
costs, and it relied on at least two nondiscretionary bases for recovering
fees and costs that do not require formal entry of judgment—section
83.49(3)(c), Florida Statutes (2024), and paragraph 29 of the first Lease
Agreement....
CopyPublished | Florida 4th District Court of Appeal
...rehearing en banc, and certification.
We deny all motions and write primarily to discuss appellees’ handling
of one case, which is relevant to their motion.
This case began with the tenants’ (appellees’) claim for the return of a
$2,500 security deposit under section 83.49, Florida Statutes (2019).
Section 83.49(3)(c) entitles the prevailing party in such litigation to recover
“court costs plus a reasonable” attorney’s fee....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111
...If the Tenant does not object to the notice within 15 days after receipt of the Landlord’s notice of intention to impose a claim on the deposit, the Landlord may then keep the amount stated in the notice and must send the rest of the deposit to the Tenant within 30 days after the date of the notice. SOURCE: Section 83.49(3)(a), Florida Statutes (40052007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW....
...my intention to impose a claim for damage in the amount of $- [insert amount of damages] upon your security deposit due to - [insert damage done to premises or other reason for claiming security deposit]. ItThis notice is sent to you as required by § 83.49(3), Florida Statutes....
