A Sarasota County Court has ruled that although it is a violation of Florida Statutes 83.49(1) for landlord to co-mingle the security deposit with operating funds, the statute provides no penalty for such violation. Tenant’s claim that landlord’s failure to put the security deposit in escrow should result in forfeiture of landlord’s right to make a claim on said deposit and for attorneys fees and costs was denied.
OBENDORF, v. RASMUSSEN. County Court for Sarasota County. Case No. 14 CC 4623 SC. July 1, 2015.
Anonymous
Ok so from what I understand the landlord lost the case initially when it was dismissed with prejudice however because he won the appeal, the attorney fees were carried over to the appeal case which is still ongoing? So as of now the landlord doesn't have to pay anything (unless he loses the appeal case)?? Sorry this is hard to understand yet very relevant to me right now as I am a landlord
Concerned citizen
Can you go into more detail as to who ended up paying the attorney fees when the case was originally dismissed? Or did they get waived and applied to the party which won the appeal case? Also I didn't think as a landlord which initiated a lawsuit to evict that you could appeal if you lost or it was dismissed??