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.