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Tenant had a $1,400.00  security deposit with landlord.  At the end of the tenancy landlord claimed $840.00  of the deposit and returned $560.00.  The tenant refused the $560.00 and sued for the return of the entire deposit.   At trial the court ruled that tenant was entitled to a refund of $679.00 and that the landlord was entitled to keep $721.00.   Nevertheless,  the court determined that the tenant was the “prevailing party”  and thus the landlord was liable for the tenant’s attorney’s fees and court costs.

MAIO, v. GRUBER,  . County Court, 9th Judicial Circuit in and for Orange County,  August 6, 2014. 22 Fla. L. Weekly Supp. 269b

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