FRANK J. WISNESKI, APPELLANT,

v.

MARGARET E. WISNESKI, APPELLEE

Citator

Cited By

• Malagon v. Solari, 566 So. 2d 352 (Fla. 4th DCA 1990)
  …finding for appellants in Count I, the trial court implicitly found as alleged in Paragraph 14 of that Count that appellee failed to comply with the notice provision regarding the retention of the security deposit. As discussed in Durene v. Alcime, 448 So. 2d 1208 (Fla. 3d DCA 1984), failure to give the required notice penalizes a landlord by forfeiting his access to the security deposit in an independent action for damages, and by making the landlord liable for attorney’s fees and costs under section 83.49(3…
• Plakhov v. Tatiana Serova, 126 So. 3d 1221 (Fla. 4th DCA 2012)
  …ed it to reduce the amount of damages owed by the Tenant. The Tenant thus had an opportunity to establish his “right” to the security deposit within the meaning of section 83.49(5), but was unable to do so. The Tenant’s reliance on Durene v. Alcime, 448 So. 2d 1208 (Fla. 3d DCA 1984), is unavailing, since that case involved a situation where the landlord’s obligation to give the section 83.49(3)(a) notice was not excused by the Tenant’s failure to give the notice required by section 83.49(5). Next, the Tenant…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Kuvin v. Kuvin, 442 So. 2d 203 (Fla. 1983)
• Doyle Edward Conner v. Conner, 439 So. 2d 887 (Fla. 1983)