Wrongful retention of Tenant's Security Deposit also ruled Fair Debt Collection Practices Act violation

Landlord tenant debts are “consumer debts” under  The Florida Consumer Collection Practices Act, §559.55-§559.785, Fla, Stat., “FCCPA” and that tenants are consumers and debtors, and both individuals and corporations are “persons” as defined under the statute.

Landlord’s  claim  against Tenant’s security Deposit  for damages that were not beyond ordinary  wear and tear was an attempt to collect a debt from Tenant  which Landlord should have known was not  legitimate thus constituted a violation of  the FDCCPA. In addition to Tenant being awarded the return of his security deposit, the tenant is not precluded from pursuing any other remedy at law or equity that the tenant may have. This Court therefore finds no issue awarding Plaintiff statutory damages in the amount of $1000,  plus  costs and attorney fees.

PHILLIPS v. ARIZONA27 LLC, and CLARA HERRERA REALTY, INC., a Florida Corporation. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2024-SC-033816-0. December 25, 2024.  Bottom of Form32 Fla. L. Weekly Supp. 466a