Legal Question in Landlord & Tenant Law in Florida
I am suing my former landlord for the return of my security deposit. I left 1.5 months before the lease was up, with verbal permission from my landlord. I was never given any written reason as to why my security was being kept. The landlord's attorney requested a copy of any/all documentation we plan to use for the small claim. Is this legal? Do I have to give them all of my documentation?
2 Answers from Attorneys
Not without a court order, but why cause waves.
No. Requesting written documents is part of what is called discovery. The answer to your question can be found in the Florida Small Claims Rules. Rule 7.020(b) states, "Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280�1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280�1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court." You should probably review the rules, which can be found at the Florida Bar's website.
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