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