Legal Question in Landlord & Tenant Law in Florida

Tenant broke lease and filed lawsuit against to recover prepaid rent. Lease company took a portion of security deposit to defend themselves. All parties agreed to put remaining security monies in escrow until lawsuit settled. Tenant asked for partial summary judgment on recovery of security deposit. Judge begrudgingly awarded but did not award any attorney fee amount until hearing trial. Tenant realizes that he will now lose in trial and has now voluntarily dismissed the lawsuit. How do we go about getting our fees paid now that there will not be a trial for this fivous lawsuit that never should have been entertained or filed by any lawyer.


Asked on 11/16/17, 2:56 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the Order on Partial Summary retained jurisdiction on the fee issue, than the Court can rule on it notwithstanding the voluntary dismissal. The issue however would appear to be the tenant's claim for fees on the security deposit AND not the landlord's fees for the prepaid rental claims. Your attorney can better advise you on how to proceed further to potentially claim fees for the dismissed claims which were resolved in your favor now.

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Answered on 11/16/17, 3:02 pm


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