PIERRE WOODLAND MEADOWS LLC v. KAC 2021 LLC (2024)

We reverse the order denying the appellant landlord's motion to transfer venue.

Appellee, as the tenant's assignee, filed this action for return of the security deposit in Palm Beach County, where Appellee has its office. The landlord has established that the proper venue 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. (2022); see also Fla. Sm. Cl. R. 7.060(a).

Appellee's argument, that its filing of a notice of change of address in the separate Broward County eviction case sufficed to change the location for mailing a notice of claim against the security deposit, has no merit. The notice of address change was never served on the landlord at the address required by the lease. After the notice was filed, the tenant acted pro se and settled with the landlord. The tenant then breached her settlement, resulting in a withdrawal of all defenses and an eviction judgment. Upon vacating the premises, the tenant failed to properly notify the landlord of her new forwarding address as required by the lease and section 83.49(5), Florida Statutes (2022). The landlord properly served its notice of claim against the security deposit at the tenant's “last known mailing address.” § 83.49(3)(a), Fla. Stat. (2022).

We affirm as to Appellee's other arguments without further discussion and remand with directions to grant the motion and transfer this matter to Broward County.

Reversed and remanded.

Per Curiam.

Klingensmith, C.J., Conner and Kuntz, JJ., concur.