A small claims action in Florida for the return of a renter’s security deposit involves many issues, one of which is who has to prove what? Many times in our cases involving security deposits we receive calls from landlords or their counsel (if they have an attorney) who ask us to prove that our client, the Florida renter filing suit, did not damage the unit. In most cases we have pictures and even videos of the property that shows the condition of the property when the tenant left. However, sometimes we don’t have any pictures or videos. We have only the testimony of the former tenant who is willing to swear to the condition of the property.
What do the attorneys of Palmetto Law, P.A. do when they get that call mentioned above? The call from a Florida landlord or their counsel that says “hey what physical proof do you have of the condition of the property when your client left it?” We simply ask the same question back. After all it’s our client’s, the Florida tenant’s, money that they are attempting to impose a claim on. It is true that we, representing the Florida tenant, filed the suit, but they are holding the tenant’s money. Our opinion at Palmetto Law, P.A. is that any claim a landlord or their counsel is going to make will require them to prove that there was damage to the unit AND that the damage was caused by the tenant’s use of the property (not to mention that they must prove the landlord has complied with other statutory requirements).
Security deposit cases are weird creatures; they are not your typical small claims case. There will be some attorneys reading this (and landlords) who will disagree that they have to prove anything in the action if they were not the one who filed the claim. However, just think about it, even if the tenant is the one filing the lawsuit, who is the one who is trying to keep the money? Florida Small Claims Courts are no strangers to security deposit actions, in fact they are a very common occurrence, but their procedure is not always what you would expect. It’s important that if you are going to fight for the return of your security deposit that you do it in the proper manner.
Still have questions? Feel free to use our search function below to find answers to common questions, or better yet just give us a call toll free at 1-855-529-7256, or simply reach out to us through our online portal.
