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Co-mingling Security Deposit by Landlord Carries No Legal Penalties

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  • /Landlord/Tenant/Eviction
  • /Co-mingling Security Deposit by Landlord Carries No Legal Penalties
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.
  • 27 July 2015
  • Landlord/Tenant/Eviction
  •  0 Comments
  •  Like
  • Eviction , landlord , penalty , security deposit
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  • Another Example How Failure to Deposit Rent by Tenant Into The Court Registry Gets a Case Dismissed, This Time on Appeal
Landlord Who Towed Vehicles Not Liable →← Requirements to Impose Claim on Security Deposit by Tenant
1
Comment
  1. James
    July 24, 2018 at 6:26 pm

    Unfortunately, the legislature did not think this one through. That’s what happens when you cave-in to real estate lobbyists. If the defendant posts the rent money in the court registry, and the plaintiff moves to amend, the money is still in the registry. The new three (3) day notice is issued, and the defendant petitions the court to release the money that has been posted. The cause of action is still nullified. Defendant still wins.

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