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.
James
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.