Motif Apartments LLC d/b/a Motif at Flagler Village v. Tenant's First, LLC, a/a/o Gerard Georges
The Fourth DCA reversed a Palm Beach County court's denial of a landlord's motion to transfer venue in a security deposit dispute, holding that Broward County was the proper venue under both the general venue statute and the Small Claims Rules. The court also held that a tenant's notice of updated address filed only in a separate eviction case was ineffectual to shift venue.
Key facts
- Tenant Gerard Georges rented an apartment at Motif at Flagler Village, located in Broward County; the lease required notices and payments to be directed to Broward addresses.
- Georges vacated and failed to notify the landlord of his new mailing address as required by section 83.49(5), Florida Statutes.
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Holdings
- Section 47.011, Fla. Stat. (2023) and Fla. Sm. Cl. R. 7.060(a) require that a security deposit action be brought in the county where the cause of action accrued, where the property is…
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