It is not uncommon that landlords and tenants have disputes regarding the terms and conditions of their rental contract. Most commonly, landlord tenant issues revolve around withheld security deposit money, a dispute which leads to a tenant moving out before the lease ends, or unpaid rent. Although ideally a landlord and tenant will be able to work out a solution without the need to involve attorneys or the Courts, sometimes one party may have to file a lawsuit against the other for money allegedly owed.
In these circumstances, Florida law says that the party who is successful obtains their agreed upon settlement and their respective attorney’s fees and costs. If you are the person who sued, “winning” means recovering at least $1.00 or more, whether through jury verdict or settlement agreement. If you are the person being sued, “winning” means a jury or judge made a ruling in your favor, and the case is dismissed without money being awarded.
Of course, there may exists exceptions and circumstances that fall outside these general rules. If you believe you have a possible claim against a tenant of landlord, you should speak with a licensed attorney regarding your specific circumstances. Renter rights should not be taken lightly. If you are a renter, know your rights!