QUESTION
Landlord kept entire security deposit. We think it was commingled & spent. Need to sue for civil theft= 3 times damages. Need contingency basis.
Asked on Nov 23rd, 2017 on Breach of Contract - Florida
More details to this question:
Security deposit items were mostly ridiculous and don't add up to over $3000 in damages. We believe security deposit & last month's rent were commingled with their personal funds and spent early in our occupancy. That is why the landlord cannot return any portion of our security deposit. We would like to sue for civil theft--conversion of funds for self enrichment which is treble the damages---almost $10,000. We know their bank & bank acct. number. Is there any attorney who would take this on a contingency basis? Thanks!
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Most lawyers will NOT take such a case on a contingent fee basis in a vacuum and those that agree to you should be very wary of. While it is common that LL enage in such conduct routinely, the collection aspect is the most complicated as many small or single famly home LL are effectvively judgment proof or more likely to run to file bankruptcy when hit with a substantial judgment. On a positive note, Fla. Stat. 83.48 allow you to get reimbursed for legal fees you expend in such a lawsuit and these get added to the judgment and typically would allow you to keep all the damages awarded. We handle such cases routinely and only represent tenants in that regard.
Answered on Nov 24th, 2017 at 6:01 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.