MOTIF APARTMENTS LLC D/B/A MOTIF AT FLAGLER VILLAGE
v.
TENANT'S FIRST, LLC, A/A/O GERARD GEORGES
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Venue for a security deposit action lies in the county where the lease was entered, the property is located, and payment is required, not in the county where the tenant's predecessor filed a notice of updated address.
[1] Venue for an action concerning return of a security deposit is proper in the county where the lease was entered, where the property is located, and where the lease requir…
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“Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.”
Citation to § 47.011, Fla. Stat. (2023) establishing venue requirements.
Motif Apartments, a landlord, sought to transfer a security deposit dispute from Palm Beach County circuit court to Broward County. The tenant's prede…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MOTIF APARTMENTS LLC d/b/a MOTIF AT FLAGLER VILLAGE, Appellant,
V.
TENANT'S FIRST, LLC, as assignee of GERARD GEORGES, Appellee.
No. 4D2024-1322
[September 4, 2025]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Sara Alijewicz, Judge; L.T. Case No. 502023SC016460.
Joshua R. Kon and Samuel Sachs of Stok Kon + Braverman, Fort Lauderdale, for appellant.
Brian K. Korte of Korte & Associates, PLLC, Loxahatchee, for appellee.
ON MOTION FOR CLARIFICATION, CERTIFICATION, REHEARING,
AND REHEARING EN BANC
PER CURIAM.
We grant appellee's motion to the extent it seeks clarification, withdraw our previously issued opinion, and substitute the following in its place.
We reverse the order denying the appellant landlord's motion to transfer venue. As in Pierre Woodland Meadows, LLC v. KAC 2021-1 LLC, 377 So. 3d 625 (Fla. 4th DCA 2024), the proper venue for this action concerning return of a security deposit is in Broward County, where the cause of action accrued, where the apartment at issue is located, where the lease contract was entered, and where the lease required service of notices and payments. § 47.011, Fla. Stat. (2023) (“Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located."); Fla. Sm. Cl. R. 7.060(a) (providing for venue “where the contract was entered into,” “where the event giving rise to the suit occurred,” and “[i]n an action for money due if there is no agreement as to where suit may be filed, where payment
is to be made”).
The notice of updated address that appellee's predecessor filed in the Broward eviction case was not mailed to the landlord at the address specified in the lease and was ineffectual. Thus, the “place of payment" for purposes of venue did not change.
This matter is remanded with directions to grant the landlord's motion and transfer this action to Broward circuit court.
Reversed and remanded.
LEVINE, FORST and ARTAU, JJ., concur.
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