Plaintiff, tenant’s, sued to recover his $2300 security deposit, and Defendan counterclaimed for $6,227.79 in damages.
The Court ruled after a non-jury trial that Plaintiff failed to prove his cause and shall go without day. Landlord was entitled to retain the full security deposit plus pet fee. The court also denied damages on the counterclaim. The court ruled that Defendants are the prevailing parties.
The Court denied awarding Defendant attorneys fees citing Marcosky v. Intesso, 8 Fla. L. Weekly Supp. 273a (Circuit Court 9th Judicial Circuit in its appellate capacity, 2001) in which tenant sued to recover his entire security deposit based on landlord’s failure to properly claim it by certified mail within 30 days and that landlord had also failed to return the unclaimed portion of the security deposit. The court found that as Tenant had failed to provide a forwarding address as required under §83.49(5) landlord was relieved of the obligation to make his claim by certified mail within 30 days, and thus landlord prevailed on the claim to recover the entire deposit. The court further ruled that tenant prevailed on his claim to recover the unclaimed portion of the security deposit. As each party had prevailed on one of the two significant issue, the Circuit court in its appellate capacity ruled that the trial court had not abused its discretion in in denying attorneys fees and costs to each party.
The court cited Checci v. Gordon 524 So.2d 501 (Fla. 3rd DCA 1988) holding that where both parties prevail on separate issues, neither party is entitled to attorneys fees and costs.
DELONG, v. LANDONI, et al., County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE21052244, Division 54. April 22, 2022. Florence Taylor Barner, Judge. Counsel: Alexander P. Johnson, Law Office of Alexander Patrick Johnson, PL, Fort Lauderdale, for Plaintiff. Alexander E. Borell, The Law Offices of Alexander E. Borell, West Palm Beach, for Defendants. 30 Fla. L. Weekly Supp. 129b
Florida Landlord-Tenant Law 