JEFF ATLAS, ET AL.
v.
ELI COHEN
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Summary judgment was properly granted where the landlord failed to provide written notice of security deposit claims within the statutory 30-day period, thereby forfeiting the right to impose claims on the deposit.
[1] A landlord who fails to provide written notice of security deposit claims within 30 days after termination of a rental agreement forfeits the right to impose claims on th…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant.”
Florida Statute § 83.49(3)(a), cited by the court to establish the controlling law on security deposit claims
Jeff and Susan Atlas appealed a summary judgment decision in a landlord-tenant case involving security deposit claims. The dispute arose from a rental…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal State of Florida
Opinion filed August 20, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1676 Lower Tribunal No. 20-746-CA-01
Jeff Atlas and Susan Atlas, Appellants,
vs.
Eli Cohen, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge.
Jeff Atlas and Susan Atlas, in proper persons.
Haber Law, LLP, and Ariella J. Gutman and Nardo Dorsin, for appellee.
Before MILLER, BOKOR and GOODEN, JJ.
PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.510(a) (“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."); id. at (c)(3) (“The court need consider only the cited materials, but it may consider other materials in the record."); id. at (c)(5) (“No later than 40 days after service of the motion for summary judgment, the nonmovant must serve a response that includes the nonmovant's supporting factual position. . . ."); § 83.49(3)(a), Fla. Stat. (“If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice.... If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant."); Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974, 976 (Fla. 3d DCA 2017) (“We review the trial court's orders granting final summary judgment de novo."); see also Gessnerv. S. Co., 51 Fla. L. Weekly S143, 2026 WL 1488160, at *7 n.10 (Fla. May 28, 2026).
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