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.
Da'vid
Jonathan, I have seen this topic come up from time to time. I have an Order that was issued last month in Broward that I would like to share with you. To be clear, ejectment is the proper action when it's concerning title? So how does the foreclosure law and Florida Supreme Court play a role in Writs of Possession. Should the banks add an ejectment count in their complaint or file an ejectment action before they can be granted a writ?
hklegal
A lawsuit regarding title is ALWAYS ejectment by definition. Eviction under Section 83 is ONLY when there is a landlord/tenant relationship between occupant and owner. If it is a friend/family member/guest then it is unlawful detainer under Section 83.
A purchaser of a property at foreclosure auction is entitled to a writ of possession by law as the court already determined the rights and stripped the original owner of title; and thus not ejectment.