Legal Question in Landlord & Tenant Law in Florida

I moved from Fort Lauderdale, Florida to Sarasota, Florida in October 2009. My landlord did not return my $1500 security deposit. Can I file a suit in small claims court in Sarasota county even though the apartment I rented from her was in Broward county? Thanks, Chris


Asked on 2/13/10, 2:38 pm

1 Answer from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

The proper jurisdiction in which you must file the lawsuit will depend on several things. First, if the lease agreement contains an express consent to jurisdiction clause, then the named jurisdiction set forth therein will control. If the lease agreement does not have a consent to jurisdiction clause then the "minimum contacts" doctrine will control where the lawsuit must be brought and since the property is located in Broward County and assuming that the lease agreement was signed in Broward County and if the landlord is located in Broward County, then the lawsuit will most likely need to be brought in Broward County.

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Answered on 2/20/10, 5:55 am


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