When A Tenant Lawsuit Against a Landlord Backfired

In another case landlord-tenant case, I experienced the unimaginable at the time I represented a residential property owner landlord in a case that could also be titled When a Tenant Who Didn’t Pay $11,700.00 in Rent Sued His Landlord to Return his $3,700.00 Security Deposit.

For this Article, I utilized utilized ChatGPT to analyze the following pleadings of this case and provide the following Summary: (1) Complaint; (2) Answer; (3) Counterclaim; (4) Amended Answer to Counterclaim; (5) Motion for Summary Judgment; (5) Final Judgment; (6) Clerk’s Minutes/ Non Jury; and (7) Attorney’s Fees Order.

(**Disclaimer: This analysis does not include subsequent motions for rehearing and appellate litigation which appears to be pending, according to publicly viewable filings, or actions performed by or involving counsel prior to or subsequent to Mr. Biazzo’s representation of Landlord).

📄 Pleadings Summary

1. Complaint by Tenant

• Tenant filed a complaint against Landlord, alleging improper withholding of a residential security deposit and possibly other landlord-tenant violations.

• He claimed entitlement to damages for the return of the deposit and possibly statutory penalties or additional contractual relief.

  
  

2. Answer by Landlord

• Landlord denied the allegations and raised affirmative defenses.

• It argued that any withholding of funds was legally justified and denied any breach of lease or statutory obligations.

  
  

3. Counterclaim by Landlord

• Landlord filed a counterclaim against Tenant seeking unpaid rent, fees, and damages.

• It alleged breach of lease and contractual obligations by Tenant, requesting judgment for outstanding amounts due.

4. Amended Answer to Counterclaim

• Tenant responded to the counterclaim denying liability and asserting defenses including improper calculation of damages, waiver, and estoppel.

  
  

⚖️ Summary Judgment & Final Judgment

Motion for Summary Judgment

• Landlord filed a Motion for Summary Judgment seeking resolution without trial based on undisputed facts.

• The court granted this motion in Landlord’s favor.

  
  

Final Judgment (November 15, 2022)

• Outcome: The Court ruled entirely in favor of Landlord on all claims and counterclaims.

• Finding: Landlord was declared the prevailing party.

• Relief Awarded: Landlord became eligible to recover attorneys' fees and costs.

  
  

💰 Attorneys’ Fees Order (December 4, 2023)

Court Proceedings:

• Hearings on August 18 and September 6, 2023

• Expert witnesses provided competing analyses of reasonable fees

  
  

Court Findings:

• Landlord’s attorneys’ fees were found to be reasonable, even though they exceeded the amount in controversy.

• The court emphasized that vigorously litigated cases may involve high fees irrespective of the monetary value at stake.

  
  

Total Awarded:

• The court awarded attorneys’ fees and costs to Landlord, concluding that:

  • Billing was reasonable under Florida law

  • Landlord’s counsel's time and rates were justified

  • The amount exceeded what Landlord actually paid, but this was permissible due to a fee-shifting clause.

    
    

🧵 Conclusion

• Final Result: Landlord prevailed completely.

• Tenant: Lost on all claims and was ordered to pay Landlord’s attorneys' fees.

• Court's Emphasis: Fee awards need not align with the amount in dispute; litigation complexity and defense efforts justify higher fees.

If you'd like a breakdown of the exact monetary award or a visual summary (timeline, parties, results), just let me know.

Sources

Ask ChatGPT

You said:

Yes please provide a breakdown of the amount that Tenant was pursuing from Landlord in Landlord’s lawsuit and how much in damages Tenant was ultimately ordered to pay Landlord, inclusive of attorney's fees

ChatGPT said:

Here is a detailed breakdown of the amount Tenant pursued, and the amount he was ultimately ordered to pay in the case

📌 Amount Tenant Was Pursuing

From the Complaint, Tenant was seeking the return of a $3,700 security deposit, along with additional relief likely based on alleged improper withholding, which may have included:

• Return of full deposit ($3,700)

• Possibly statutory damages (e.g., double damages under Florida landlord-tenant law)

• Attorney’s fees and costs

  
  

Estimated Plaintiff Demand: ≈ $3,700–$7,400 total, depending on statutory damages claimed.

⚖️ Final Judgment Against Tenant

According to the Final Judgment issued April 22, 2022:

• $11,700.00 in principal damages (awarded to Landlord Assets)

• $1,437.90 in costs

• $28,610.25 in attorney’s fees

• Total Judgment: $42,048.15

• Less Security Deposit Applied: ($3,700.00 credit)

Net Judgment Against Tenant: $38,348.15, plus 4.25% annual interest

⚖️ Fee Order Details

From the December 4, 2023 Fee Order, the court:

• Found Landlord to be the prevailing party

• Held a hearing on reasonableness of attorney’s fees

• Found Landlord’s legal billing reasonable despite exceeding the amount in controversy

• Awarded full attorney’s fees and costs as reflected in the Final Judgment

  
  

✅ Summary

Item	Amount
Tenant Sought (Estimated)	$3,700–$7,400
Principal Awarded to Landlord	$11,700.00
Costs	$1,437.90
Attorney’s Fees	$28,610.25
Total Judgment Against Tenant	$42,048.15
Less Credit from Security Deposit	($3,700.00)
Net Payable by Tenant	$38,348.15
Interest Accruing at	4.25% annually

Let me know if you’d like a visual timeline or infographic to accompany this analysis.

Ask ChatGPT

Who is the attorney that represented Landlord at trial and what can you tell me about the attorney?

🎓 Attorney Representing Landlord

At trial, Corey Biazzo represented Landlord, as indicated in the official Clerk’s Minutes filed December 27, 2021, for the non-jury trial held on December 14, 2021:

“The Defendant was present in Open Court with counsel, Corey Biazzo.”— Clerk’s Minutes

Are you a Miami, Fort Lauderdale, West Palm Beach or Charlotte, North Carolina landlord (Commercial or Residential) in need of legal assistance with a tenant?

Contact Biazzo Law today at (703) 297-5777 or alyssa@biazzolaw.com to schedule a consultation today. www.biazzolaw.com 

** Information in this blog should not be considered legal advice, nor does it form an attorney-client relationship

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