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16-2023-CA-011617-XXXX-MA Div: CV-B
Filing # 187540406 E-Filed 12/07/2023 09:36:22 AM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
Crystal Sapp on behalf of herself
and all others similarly situated,
CASE NO.:
DIVISION:
Plaintiff,
v. CLASS REPRESENTATION
Tg Prime Investments LLC,
Defendant.
/
CLASS ACTION COMPLAINT
Plaintiff, Crystal Sapp (hereinafter “Plaintiff”), on behalf of herself and all others similarly
situated, by and through her undersigned counsel, brings this class action against Defendant Tg
Prime Investments LLC (hereinafter “Tg Prime” or “Defendant”) and alleges:
I. INTRODUCTION
1. This class action arises from Tg Prime’s (a) premature taking of tenants’ security
deposits to offset damage claims; and (b) failure to provide all tenants a statutorily required Notice
of Intention to Impose a Claim on Security Deposit Letter (“Security Deposit Letter”) in violation
of the Florida Residential Landlord Tenant Act (“FRLTA”), Fla. Stat. §83.40 et seq., and the
Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq.
2. Upon information and belief, Defendant owns multiple residential rental properties
in Florida.
3. Plaintiff paid a $1,300 security deposit to Defendant or Defendant’s agent/property
management company for a residential rental home located at 2620 Vernon Street in Jacksonville,
Florida (the “Property”).
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/07/2023 10:09:35 AM
4. Plaintiff moved out in June 2023.
5. Plaintiff never received her security deposit back from Tg Prime, nor did she
receive a certified mail notice of intention to impose a claim upon her deposit within 30 days of
her lease termination.
6. Tg Prime or its property management agents provides leasing, security deposit, and
billing services for its tenants.
7. Additionally, Tg Prime or its agents collects and returns the security deposits of
tenants at the end of their lease. If Tg Prime or its agents seeks to impose a damage claim upon a
tenant’s security deposit, Tg Prime or its agents conducts the initial collection attempt.
8. After a tenant moves out, Fla. Stat. 83.49(3)(a) requires Tg Prime to either return
the security deposit in full to a tenant within 15 days of moveout or send a certified mail notice of
its intent to impose a claim against a tenant’s security deposit that includes the statutory language
required by Fla. Stat. 83.49(3)(a) within 30 days of move out (“Security Deposit Letter”):
Fla. Stat. §83.49(3)(a) of the Landlord Tenant Act states:
(a) Upon the vacating of the premises for termination of the lease, if the landlord
does not intend to impose a claim on the security deposit, the landlord shall have
15 days to return the security deposit together with interest if otherwise required,
or the landlord shall have 30 days to give the tenant written notice by certified mail
to the tenant’s last known mailing address of his or her intention to impose a claim
on the deposit and the reason for imposing the claim. The notice shall contain a
statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount
of __________ upon your security deposit, due to _______________. It is
sent to you as required by s. 83.49(3), Florida Statutes. You are hereby
notified that you must object in writing to this deduction from your security
deposit within 15 days from the time you receive this notice or I will be
authorized to deduct my claim from your security deposit. Your objection
must be sent to (landlord’s address) .
If the landlord fails to give the required notice within the 30-day period, he or she
forfeits the right to impose a claim upon the security deposit and may not seek a
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setoff against the deposit but may file an action for damages after return of the
deposit.
9. However, when Tg Prime seeks to impose a claim upon a tenant’s security deposit
as part of its damage claim collection efforts, Tg Prime fails to send a Security Deposit Letter that
complies with Fla. Stat. 83.49(3)(a) at all.
10. Additionally, by failing to send a certified mail letter than complies with Fla. Stat.
83.49(3)(a), Tg Prime had already taken possession of Plaintiff’s security deposit funds before the
15 day objection period had expired in violation of the FRLTA.
11. Thus, Tg Prime has failed to send a legally sufficient Security Deposit Notice Letter
to Plaintiff or any other Florida tenant it was a landlord to before taking possession of the tenant’s
security deposit in violation of Fla. Stat. §83.49(3)(a). As a result of not providing the required
notice, the landlord “forfeits the right to impose a claim upon the security deposit and may not
seek a setoff against the deposit.”
12. Plaintiff and the Class seek a return of their security deposits in full as a result of
the FRLTA violations, and statutory and actual damages under the Florida Consumer Collection
Practices Act (“FCCPA”) for asserting a legal right to tenant security deposits when that right does
not exist.
II. JURISDICTION AND VENUE
13. This Court has jurisdiction over this matter because the amount in controversy
exceeds $50,000.00
14. Venue is proper in this County because actions giving rise to this lawsuit occurred
in Duval County, Florida.
III. PARTIES
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15. Plaintiff is a natural person who is a resident and citizen of Florida and is a
"consumer" as that term is defined by Fla. Stat. §559.55(8). Plaintiff has standing to bring a claim
under the FCCPA because he was directly affected by violations of these Acts and was subjected
to Tg Prime’s illegal and improper debt collection activities.
16. Plaintiff, at all material times herein, was a “tenant” pursuant to Fla. Stat. §83.43(4).
“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement, pursuant
to the FRLTA.
17. Defendant Tg Prime Investments LLC is a Florida limited liability company with a
principal place of business in Florida, and conducts business in this Circuit.
18. Defendant Tg Prime, at all material times, was and is a “landlord” pursuant to Fla.
Stat. §83.43, as it is the agent of the owner or lessor of a dwelling unit in Florida. In fact, it is the
agent of the owner or lessor of many dwelling units in Florida.
19. Defendant Tg Prime is a “person” subject to Fla. Stat. § 559.72. See Fla. Stat. §
559.55(5),(7); Schauer v. General Motors Acceptance Corp., 819 So. 2d 809 (Fla. 4th DCA 2002).
IV. FACTUAL ALLEGATIONS
A. Florida Tenant Security Deposits are Strictly Regulated
20. The Florida legislature recognized that in a residential setting, landlords and
tenants do not bargain from equal positions of power and knowledge, and in turn require
landlords and property management companies to strictly comply with security deposit laws set
forth in the FRLTA. See generally Fla. Stat. § 83.49.
21. After a tenant moves out, Fla. Stat. 83.49(3)(a) of the FRLTA requires the landlord
to either return the deposit in full within 15 days of moveout or send a Notice Letter by certified
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mail of its intent to impose a claim against the tenant’s security deposit within 30 days of move
out (“Security Deposit Letter”).
22. Specifically, Fla. Stat. 83.49(3)(a) of the FRLTA states:
(a) Upon the vacating of the premises for termination of the
lease, if the landlord does not intend to impose a claim on the
security deposit, the landlord shall have 15 days to return the
security deposit together with interest if otherwise required, or the
landlord shall have 30 days to give the tenant written notice by
certified mail to the tenant’s last known mailing address of his
or her intention to impose a claim on the deposit and the
reason for imposing the claim. The notice shall contain a
statement in substantially the following form:
This is a notice of my intention to impose a claim for
damages in the amount of upon your security deposit, due
to . It is sent to you as required by s. 83.49(3), Florida
Statutes. You are hereby notified that you must object in
writing to this deduction from your security deposit within
15 days from the time you receive this notice or I will be
authorized to deduct my claim from your security deposit.
Your objection must be sent to (landlord’s address) .
23. The penalty for noncompliance with the FRLTA’s Security Deposit Notice Letter
requirement is that the landlord forfeits the legal right to collect any of the security deposit funds
and all security deposits still in the landlord’s passion must be returned:
If the landlord fails to give the required notice within the 30-day
period, he or she forfeits the right to impose a claim upon the
Security Deposit and may not seek a setoff against the deposit but
may file an action for damages after return of the deposit.
Fla. Stat. § 83.49(3)(emphasis added).
24. The FRLTA also restricts when the landlord can take possession of security deposit
funds. When a tenant receives a Security Deposit Letter within 30 days of move out explaining
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the landlord’s intent to make a claim against those funds, Fla. Stat. 83.49(3)(b) provides the tenant
with 15 days to object to the landlord’s claim. If the tenant does not object to the claim within the
15 day objection period, then and only then can the landlord take possession and control of the
tenant’s security deposit funds under Fla. Stat. 83.49(3)(b). In other words, even when a valid
Notice Letter is issued, the landlord cannot take possession of the tenant’s security deposit until
after the 15-day objection period has passed with no objection.1
25. The landlord cannot apply the security deposit monies towards an outstanding
balance in the Security Deposit Letter because at the time the letter is sent, the landlord has no
legal right to those funds:
(b) Unless the tenant objects to the imposition of the landlord’s
claim or the amount thereof within 15 days after receipt of the
landlord’s notice of intention to impose a claim, the landlord may
then deduct the amount of his or her claim and shall remit the
balance of the deposit to the tenant within 30 days after the date
of the notice of intention to impose a claim for damages. The
failure of the tenant to make a timely objection does not waive any
rights of the tenant to seek damages in a separate action.
Fla. Stat. 83.49(3)(b)(emphasis added)
26. The Florida legislature also added Fla. Stat. § 83.49(1)(a) to the FRLTA which
prevents landlords from prematurely taking possession of security deposits:
The landlord shall not comingle such moneys with any other funds
of the landlord or hypothecate, pledge, or in any other way make use
of such moneys until such moneys are actually due the landlord.
(Emphasis added).
27. Thus, the FRLTA prohibits landlords from taking possession of tenant security
deposits before giving them an opportunity to object to the charges being imposed. After all, this
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In turn, if the tenant does object within 15 days of receiving the Security Deposit Letter sent by certified mail, the
landlord must return the entire security deposit to the tenant, and file a lawsuit for any charges it wishes to recover.
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is the tenant’s money and is only being held by the landlord. If this protection did not exist,
landlords could simply take tenants’ securities deposits before the tenant was even advised what
the charges were and before the tenant had any opportunity to object to such charges. The
legislature put this burden on the landlord because it is the one asserting the right to keep all or a
portion of the security deposit.
B. Plaintiff’ Security Deposit
28. Plaintiff paid a $1,399 security deposit to Defendant or its agents.
29. Within 30 days after Plaintiff’s lease terminated, she did not receive a certified mail
notice from Tg Prime of its intention to impose a claim upon her deposit.
30. Upon information and belief, Tg Prime deposits all tenants’ security deposits in the
same bank account.
31. Tg Prime or its agents is the entity that assesses damage to the apartments and
asserts claims against tenant security deposits.
32. Plaintiff, to this day, has yet to receive a legally sufficient notice by certified mail
of Tg Prime’s intention to impose a claim upon her deposit.
33. Instead, Defendant simply took possession of Plaintiff’s security deposit without
sending the required statutory notice and objection disclosures.
34. Defendant cannot offset amounts from Plaintiff’s security deposit until 15 days
after Plaintiff receives a certified mail notice of intention to impose a claim against her deposit.
This is to allow tenants an opportunity to object to alleged damages against their deposit, in which
the landlord must then return those monies to the tenant and pursue the damages in small claims.
35. By taking possession Plaintiff’s security deposit prematurely, Defendant has
violated Plaintiff’s FRLTA act right to certified mail notice and a 15 day objection period.
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36. Defendant’s conduct is not limited to Plaintiff, it is a common course of practice to
offset alleged damage claims from tenants without sending the FRLTA notice and disclosures
within 30 days of move out.
37. It is Defendant’s practice to fail to send legally sufficient notices by certified mail,
within 30 days of the termination of the tenancy, that contain the following disclosure for tenants
at all properties it manages in Florida:
(a) Upon the vacating of the premises for termination of the lease, if the landlord
does not intend to impose a claim on the security deposit, the landlord shall have
15 days to return the security deposit together with interest if otherwise required,
or the landlord shall have 30 days to give the tenant written notice by certified mail
to the tenant’s last known mailing address of his or her intention to impose a claim
on the deposit and the reason for imposing the claim. The notice shall contain a
statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of
upon your security deposit, due to . It is sent to you as required by s. 83.49(3),
Florida Statutes. You are hereby notified that you must object in writing to this
deduction from your security deposit within 15 days from the time you receive this
notice or I will be authorized to deduct my claim from your security deposit. Your
objection must be sent to (landlord’s address) .
38. Thus, Tg Prime did not have a right to those monies because it did not comply with
Fla. Stat. § 83.49(3)(a) and (b) notice and objection requirements.
39. Upon information and belief, it is Tg Prime’s routine business practice to
claim/deduct/take ownership of tenants’ security deposits at all properties it rents to tenants in
Florida before the Fla. Stat. § 83.49(3)(b)’s 15 day object period expires for all its tenants at all
their Florida rental homes.
40. Therefore, Tg Prime knowingly take possession and control of all of their tenants
at each and every one of the units it owns in Florida before the 15 day objection period has expired.
Tg Prime must give notice within 30 days of moveout of its intent to impose a claim on the tenants’
security deposits, and the notice must contain the statutory notice language. Following that, Tg
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Prime must wait 15 days and if the tenant does not object, it can then take possession and control
of the Security Deposit pursuant to Fla. Stat. §83.49(3).
41. Additionally, Tg Prime violates the prohibition on commingling funds “until such
moneys are actually due the landlord” under Fla. Stat. § 83.49(1)(a) by prematurely taking
possession of the security deposit to offset alleged damages.
42. Plaintiff suffered actual damages from prematurely losing their security deposit and
not receiving a notice letter with proper disclosures pursuant to the FRLTA.
43. The FRLTA is clear that, “[i]f the landlord fails to give the required notice within
the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and
may not seek a setoff against the deposit but may file an action for damages after return of the
deposit.” Fla. Stat. §83.49(3)(a)(emphasis added).
44. Thus, Tg Prime forfeited the Security Deposit paid by Plaintiff, and that amount
must be returned to her.
45. Tg Prime forfeited the right to make a claim against the deposit of all its tenants
during the Class Period.
E. THE PREMATURE WITHHOLDING OF EACH SECURITY DEPOSIT IS
IMPROPER CONSUMER DEBT COLLECTION
46. Tg Prime took steps to collect on a consumer debt when it had no legal right to do
so by failing to return the Security Deposit to Plaintiff without sending a Security Deposit Letter.
47. Tg Prime is a large residential property owner that is in the business of rentals in
Florida. It has knowledge of the rights and duties of landlords and property managers under the
FRLTA, including those under Fla. Stat. §83.49.
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48. Pursuant to Fla. Stat. § 83.49(3), if the landlord does not provide the proper Notice
to the tenant, he not only forfeits any right to the security deposit, the FRLTA prohibits the landlord
from seeking a setoff against the security deposit:
If the landlord fails to give the required notice within the 30-day
period, he or she forfeits the right to impose a claim upon the
Security Deposit and may not seek a setoff against the deposit but
may file an action for damages after return of the deposit.
Fla. Stat. § 83.49(3).
49. Pursuant to the Florida Consumer Collection Practices Act (“FCCPA”), §
559.72(9):
“in collecting consumer debts, no person shall . . . [c]laim, attempt, or threaten to
enforce a debt when such person knows that the debt is not legitimate, or assert the
existence of some other legal right when such person knows that the right does
not exist.”
50. Therefore, Tg Prime can’t seek a setoff “against the deposit” until after proper
certified mail notice has been sent and the 15 day objection period has expired.
51. Tg Prime asserts a legal right it did not have as it seeks a set off against the security
deposit without first providing the Notice Letter and 15 day objection period by certified mail.
Because a compliant Notice Letter was never provided by certified mail, Tg Prime had no legal
right to Plaintiff’s security deposit and it had no legal right to seek a set off against the security
deposit. In fact, the FRLTA does not permit Tg Prime to seek any payments from tenants,
including Plaintiff, until after it refunds the security deposit. As such, this conduct violates the
FCCPA by asserting legal rights it does not have.
52. Tg Prime knowingly and routinely takes possession of tenant security deposits
without sending a compliant Security Deposit Notice Letter at all. Tg Prime does not possess the
legal right to take ownership of any security deposits without first sending a compliant Security
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Deposit Notice Letter by certified mail and waiting 15 days to provide the tenant with an
opportunity to object.
53. Tg Prime knows that it does not possess a legal right to take possession of tenant
Security Deposit or seek a setoff against the security deposit until after it has properly sent a
compliant Security Deposit Letter by certified mail and the 15 day objection period has expired.
Only then does Tg Prime possess a right to take Plaintiff Security Deposit or seek a set off against
it.
54. Tg Prime violated the FCCPA for Plaintiff and all members of the putative class.
55. Plaintiff suffered actual damages a result of Tg Prime collection practices by
prematurely having her security deposit deducted.
V. CLASS REPRESENTATION ALLEGATIONS
56. Pursuant brings this action as a class action pursuant to Rule 1.220 of the Florida
Rules of Civil Procedure on behalf of herself and all others similarly situated as members of the
Class listed below:
CLASS: During the Class Period, all persons in the State of Florida who (a) had a security
deposit held by Defendant or its agents at time of lease termination (b) had any portion of
their security deposit retained by Defendant, and (c) did not receive a certified mail notice
within 30 days of lease termination that contains a disclosure that is substantially similar
to the following:
This is a notice of my intention to impose a claim for damages in the amount
of upon your security deposit, due to . It is sent to you as required by s.
83.49(3), Florida Statutes. You are hereby notified that you must object in writing
to this deduction from your security deposit within 15 days from the time you
receive this notice or I will be authorized to deduct my claim from your security
deposit. Your objection must be sent to (landlord’s address) .
Collectively the “Class”
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57. The Class Period for the Class begins four years prior to the filing of the original
Complaint in this matter and ends when this Court issues an Order approving Class Notice.
58. Plaintiff is unable to state the exact number of members of the Plaintiff Class
because that information is solely in the possession of Tg Prime. However, the exact number of
class members, including the names and addresses of all class members, will be easily ascertained
through a review of Defendant’s business records. The putative Class individually includes many
Florida tenants due to the number of properties that Tg Prime operates and manages within the
state.
59. Tg Prime utilizes the same standard form Lease Agreements and move out
statements in connection with its collection efforts for Security Deposit withholdings and routinely
fails to provide notice to impose a claim on Security Deposits by certified mail in compliance with
the FRLTA. Therefore, the putative Class is so numerous that joinder of all members would be
impracticable.
60. Questions of law and fact common to the Plaintiff Class exist and predominate over
questions affecting only individual members. Specifically, the predominating common questions
include:
a. Whether Defendant violated the FRLTA by not providing Security Deposit Notice
Letters by certified mail to tenants which include the statutory language required
by FRLTA § 83.49(3)(a);
b. Whether Defendant’s act of taking possession and control over tenant Security
Deposits prior to expiration of the 15 Day Objection period violates the FRLTA §
83.49(3)(b);
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c. Whether Defendant’s attempt to seek a setoff against tenant security deposits
without first providing a Notice Letter in compliance with FRLTA § 83.49(3) and
failing to wait for the 15-day objection period to expire before taking possession of
those amounts, makes its collection efforts unlawful in violation of FCCPA §
559.72(9);
d. Whether the members of the Class have sustained damages, and if so, the proper
measure of damages, including actual and statutory.
61. The claims asserted by the named Plaintiff in this action are typical of the claims
of the members of the Plaintiff Class because, upon information and belief, Tg Prime use
standardized form documents and policies when asserting claims against tenant Security Deposits
and when attempting to collect debts from Florida tenants after move out.
62. The claims of Plaintiff and of the Plaintiff Class originate from the same conduct,
practice, and procedure, on the part of Tg Prime. Plaintiff possess the same interests and has
suffered the same injuries as each putative class member.
63. The named Plaintiff will fairly and adequately represent and protect the interest of
the members of the Plaintiff Class because they have no interest antagonistic to the Class they seek
to represent, and because the adjudication of their claims will necessarily decide the identical
issues for other class members. Whether the Defendant’s practice of failing to provide proper
notice of its intent to assert a claim against the security deposits of Plaintiff and the class violates
the FRLTA and/or FCCPA are common issues that will be decided for all other consumers with
similar or identical move out packets and collection letters. There is nothing peculiar about
Plaintiff’s situation that would make him inadequate as a Class Representative. Plaintiff has
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retained counsel competent and experienced in both consumer protection and class action
litigation.
64. A class action is superior to other methods for the fair and efficient adjudication of
this controversy because the damages suffered by each individual Class member will be relatively
modest, compared to the expense and burden of individual litigation. It would be impracticable
for each Class member to seek redress individually for the wrongful conduct alleged herein
because the cost of such individual litigation would be cost prohibitive as individual statutory
damages for each violation are capped at $1,000.00 under the FCCPA. It would be difficult, if not
impossible, to obtain counsel to represent Plaintiff on an individual basis for such small claims. In
addition, if the consumer were to utilize the Florida Residential Landlord Tenant Act, §83.49(3)(b)
to get the Security Deposit back, the same issues would arise, including the need to pay for an
attorney and the cost of filing suit and serving Tg Prime. This is why both the FRLTA and the
FCCPA provide for attorney fees to the prevailing Plaintiff.
65. More importantly, the vast majority of Class members are not aware the
Defendant’s policies violate the FCCPA and the FRLTA and a class action is the only viable means
of adjudicating their rights. There will be no difficulty in the management of this litigation as a
class action as the legal issues affect a standardized pattern of conduct by Defendant and class
actions are commonly used in such circumstances and Tg Prime has the records necessary to
determine class membership and damages.
COUNT I:
VIOLATION OF THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT,
FLA. STAT. § 83.40 et seq. (“FRLTA”)
On behalf of the Class
66. Plaintiff, on behalf of herself, and all others similarly situated, repeat and re-allege
paragraphs 1 through 65 as if fully set forth herein.
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67. As residential owners and managers, the relationship between Tg Prime and their
tenants is governed by the Florida Residential Landlord Tenant Act, Fla. Stat. Chapter 83 et seq.
(“FRLTA”).
68. Fla. Stat. § 83.44 states that every rental agreement imposes an obligation of good
faith in the performance thereof by the landlord or manager.
69. Fla. Stat. § 83.54 gives Plaintiff and the Class the ability to enforce their rights
pursuant to the FRLTA by civil action.
70. After a tenant moves out, Fla. Stat. 83.49(3)(a) requires landlords to either return
the deposit in full within 15 days of moveout or send a certified mail notice of intent to impose a
claim against a tenant’s security deposit within 30 days of move out:
(a) Upon the vacating of the premises for termination of the
lease, if the landlord does not intend to impose a claim on the
security deposit, the landlord shall have 15 days to return the
security deposit together with interest if otherwise required, or the
landlord shall have 30 days to give the tenant written notice by
certified mail to the tenant’s last known mailing address of his or
her intention to impose a claim on the deposit and the reason for
imposing the claim. The notice shall contain a statement in
substantially the following form:
This is a notice of my intention to impose a claim for
damages in the amount of upon your security deposit, due
to . It is sent to you as required by s. 83.49(3), Florida
Statutes. You are hereby notified that you must object in
writing to this deduction from your security deposit within
15 days from the time you receive this notice or I will be
authorized to deduct my claim from your security deposit.
Your objection must be sent to (landlord’s address) .
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71. The FRLTA is clear and unambiguous regarding the penalty for the landlord’s
noncompliance with the Security Deposit Notice Letter requirement:
If the landlord fails to give the required notice within the 30-day
period, he or she forfeits the right to impose a claim upon the
Security Deposit and may not seek a setoff against the deposit but
may file an action for damages after return of the deposit.
Fla. Stat. § 83.49(3)(emphasis added).
72. When a tenant receives a Security Deposit Notice Letter within 30 days of move
out, Fla. Stat. § 83.49(3)(b) provides the tenant 15 days to object to the claims made against their
security deposit. If the tenant does not object to the claim, under Fla. Stat. §83.49(3)(b) the landlord
can only then take possession of the tenant’s security deposit monies. In other words, the landlord
cannot apply the security deposit monies towards an outstanding balance in the Security Deposit
Letter at all until after a compliance Notice Letter has been provided and the 15 day objection
period has expired:
(b) Unless the tenant objects to the imposition of the landlord’s
claim or the amount thereof within 15 days after receipt of the
landlord’s notice of intention to impose a claim, the landlord may
then deduct the amount of his or her claim and shall remit the
balance of the deposit to the tenant within 30 days after the date
of the notice of intention to impose a claim for damages. The
failure of the tenant to make a timely objection does not waive any
rights of the tenant to seek damages in a separate action.
Fla. Stat. 83.49(3)(b)(emphasis added).
73. The Florida legislature added another section to the FRLTA that prevents landlords
from prematurely taking possession of tenants’ security deposits to offset security deposit claims,
Fla. Stat. § 83.49(1)(a) states that:
The landlord shall not comingle such moneys with any other funds
of the landlord or hypothecate, pledge, or in any other way make use
of such moneys until such moneys are actually due the landlord.
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(Emphasis added).
74. Tg Prime took control and possession of Plaintiff’ and Class Members Security
Deposits prior to sending a compliant Notice Letter pursuant to Fla. Stat. § 83.49(3)(b) and prior
to waiting for the 15 day objection period to expire. Fla. Stat. § 83.49(3)(b) is clear that security
deposit monies are not due to a landlord until after the 15 day objection period has lapsed without
any objection from the tenant.
75. Here, the 15 day objection period never even began to run because Tg Prime failed
to send a legally sufficient Security Deposit Letter at all. Even if it had, Tg Prime unlawfully took
possession and control over Plaintiff’s security deposit on the same day Plaintiff moved out, which
is well before any Notice Letter was sent and before the 15 day objection period could have
expired.
76. By doing so Tg Prime also made use of Plaintiff’ and Class Members monies before
the use of such monies was actually due the landlord in violation of Fla. Stat. § 83.49(1)(a).
77. Therefore, Tg Prime violated Fla. Stat. § 83.49(3)(b) and § 83.49(1)(a) by taking
the tenant security deposits prematurely.
78. Plaintiff and Class Members suffered actual damages by Tg Prime equal to the
amount of any security deposits withheld.
79. In accordance with Fla. Stat. § 83.48, Plaintiff and the Class are entitled to
attorney’s fees and costs.
COUNT II
VIOLATION OF THE FLORIDA CONSUMER
COLLECTION PRACTICES ACT, FLA. STAT. § 559.55 et seq. (“FCCPA”)
On Behalf of the Class
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80. Plaintiff, on behalf of herself and all others similarly situated in the FCCPA Class,
repeats and re-alleges each and every allegation contained in paragraphs 1 through 65 above as if
fully set forth herein.
81. At all times material herein, Plaintiff and the Class members were “debtors” or
“consumers” as defined by Fla. Stat. § 559.55(8).
82. At all times material herein, Plaintiff’s security deposit debt and the Security
Deposit debt of the Class members were “debts” or “consumer debts” as defined by Fla. Stat. §
559.55(6).
83. At all times material herein, Tg Prime was a “person” as referred to under Fla. Stat.
§ 559.72.
84. Among the FCCPA’s enumerated prohibitions, Fla. Stat. §559.72(9) states that “no
person shall”… “[c]laim, attempt, or threaten to enforce a debt when such person knows that the
debt is not legitimate, or assert the existence of some other legal right when such person knows
that the right does not exist.” Fla. Stat. §559.72(9).(emphasis added).
85. The FRLTA states:
If the landlord fails to give the required notice within the 30-day period, he or she
forfeits the right to impose a claim upon the Security Deposit and may not seek
a setoff against the deposit but may file an action for damages after return of
the deposit.” Fla. Stat. § 83.49(3)(a).
86. Accordingly, the FRLTA only allows for the landlord to “seek a setoff against the
[security] deposit” if a compliant Security Deposit Notice Letter was issues and the 15 day
objection period expired without objection by the tenant.
87. Here, Tg Prime’ systematic policy is to not provide the required Notice Letter by
certified mail explaining its intent to impose a claim against the security deposit before taking
possession of the security deposit funds. Instead of explaining that it intended to impose a claim
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against the Security Deposit IF no objection was filed within 15 days of receipt of the notice letter,
Tg Prime failed to do so before making a claim against the deposit.
88. Defendant’s practice of deducting claims from the Security Deposit or completely
withholding the deposits without first providing a compliant Notice Letter under Fla. Stat.
§83.49(3)(a) violates the FCCPA, Fla. Stat. §559.72(9) as it asserts a legal right that Tg Prime did
not have.
89. Furthermore, § 83.49(3)(a) provides that Tg Prime cannot “seek a setoff against the
deposit” if the required notice is not provided. As a result, Tg Prime did not have a right to the
deposit because a compliance Notice had not been given and the 15-day objection period had not
expired.
90. Defendant had full knowledge of the FRLTA as a property management company
that handles security deposits at several apartment complexes in Florida and cannot claim
ignorance of the law. It had no right under the law to impose its claims on Security Deposits and
collected those funds anyway.
91. The FCCPA is a strict liability statute and therefore, Defendant should be held
liable from its policy of collecting deposits without proper notice.
92. As a direct and proximate result of Defendant’s FCCPA violation, Plaintiff and the
FCCPA Class suffered actual damages in the form of (1) security deposits withheld by Defendant;
(2) amounts paid to Tg Prime prior to tenants ever receiving a notice letter that complies with the
FRLTA by certified mail; and statutory interest on such amounts.
93. Plaintiff and the Class are also entitled to statutory damages of $1,000 per class
member and attorney’s fees and costs pursuant to Fla. Stat. § 559.77(2).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court enter an Order:
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a. Certifying this action as a class action as provided by Rule 1.220 (b)(3), appointing
Plaintiff as Class Representative, and appointing the undersigned as Class Counsel;
b. Adjudging that Tg Prime violated the FRLTA and the FCCPA and awarding Plaintiff
and Class members actual damages in the Security Deposit amounts collected or withheld by
Defendant;
c. Awarding Statutory damages to Plaintiff and Class Members under the FCCPA;
d. Awarding Plaintiff(s) their costs and attorneys’ fees action pursuant to Fla. Stat. §§
83.48, the Lease Agreement, the FCCPA, and FRLTA; and
e. Awarding such other and further relief as the Court may deem just and proper.
JURY TRIAL DEMAND
Plaintiff and the Class demands a trial on all triable issues.
Dated: December 4, 2023
CONSUMER LAW ADVOCATE, PLLC.
By: /s/ Matthew T. Peterson
Matthew T. Peterson; FBN: 1020720
225 1st Ave. N.
St. Petersburg, FL 33701
Telephone: (815)-999-9130
mtp@lawsforconsumers.com
20
Preview
16-2023-CA-011617-XXXX-MA Div: CV-B Filing # 187540406 E-Filed 12/07/2023 09:36:22 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Crystal Sapp on behalf of herself and all others similarly situated, CASE NO.: DIVISION: Plaintiff, v. CLASS REPRESENTATION Tg Prime Investments LLC, Defendant. / CLASS ACTION COMPLAINT Plaintiff, Crystal Sapp (hereinafter “Plaintiff”), on behalf of herself and all others similarly situated, by and through her undersigned counsel, brings this class action against Defendant Tg Prime Investments LLC (hereinafter “Tg Prime” or “Defendant”) and alleges: I. INTRODUCTION 1. This class action arises from Tg Prime’s (a) premature taking of tenants’ security deposits to offset damage claims; and (b) failure to provide all tenants a statutorily required Notice of Intention to Impose a Claim on Security Deposit Letter (“Security Deposit Letter”) in violation of the Florida Residential Landlord Tenant Act (“FRLTA”), Fla. Stat. §83.40 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. 2. Upon information and belief, Defendant owns multiple residential rental properties in Florida. 3. Plaintiff paid a $1,300 security deposit to Defendant or Defendant’s agent/property management company for a residential rental home located at 2620 Vernon Street in Jacksonville, Florida (the “Property”). ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/07/2023 10:09:35 AM 4. Plaintiff moved out in June 2023. 5. Plaintiff never received her security deposit back from Tg Prime, nor did she receive a certified mail notice of intention to impose a claim upon her deposit within 30 days of her lease termination. 6. Tg Prime or its property management agents provides leasing, security deposit, and billing services for its tenants. 7. Additionally, Tg Prime or its agents collects and returns the security deposits of tenants at the end of their lease. If Tg Prime or its agents seeks to impose a damage claim upon a tenant’s security deposit, Tg Prime or its agents conducts the initial collection attempt. 8. After a tenant moves out, Fla. Stat. 83.49(3)(a) requires Tg Prime to either return the security deposit in full to a tenant within 15 days of moveout or send a certified mail notice of its intent to impose a claim against a tenant’s security deposit that includes the statutory language required by Fla. Stat. 83.49(3)(a) within 30 days of move out (“Security Deposit Letter”): Fla. Stat. §83.49(3)(a) of the Landlord Tenant Act states: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of __________ upon your security deposit, due to _______________. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a 2 setoff against the deposit but may file an action for damages after return of the deposit. 9. However, when Tg Prime seeks to impose a claim upon a tenant’s security deposit as part of its damage claim collection efforts, Tg Prime fails to send a Security Deposit Letter that complies with Fla. Stat. 83.49(3)(a) at all. 10. Additionally, by failing to send a certified mail letter than complies with Fla. Stat. 83.49(3)(a), Tg Prime had already taken possession of Plaintiff’s security deposit funds before the 15 day objection period had expired in violation of the FRLTA. 11. Thus, Tg Prime has failed to send a legally sufficient Security Deposit Notice Letter to Plaintiff or any other Florida tenant it was a landlord to before taking possession of the tenant’s security deposit in violation of Fla. Stat. §83.49(3)(a). As a result of not providing the required notice, the landlord “forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit.” 12. Plaintiff and the Class seek a return of their security deposits in full as a result of the FRLTA violations, and statutory and actual damages under the Florida Consumer Collection Practices Act (“FCCPA”) for asserting a legal right to tenant security deposits when that right does not exist. II. JURISDICTION AND VENUE 13. This Court has jurisdiction over this matter because the amount in controversy exceeds $50,000.00 14. Venue is proper in this County because actions giving rise to this lawsuit occurred in Duval County, Florida. III. PARTIES 3 15. Plaintiff is a natural person who is a resident and citizen of Florida and is a "consumer" as that term is defined by Fla. Stat. §559.55(8). Plaintiff has standing to bring a claim under the FCCPA because he was directly affected by violations of these Acts and was subjected to Tg Prime’s illegal and improper debt collection activities. 16. Plaintiff, at all material times herein, was a “tenant” pursuant to Fla. Stat. §83.43(4). “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement, pursuant to the FRLTA. 17. Defendant Tg Prime Investments LLC is a Florida limited liability company with a principal place of business in Florida, and conducts business in this Circuit. 18. Defendant Tg Prime, at all material times, was and is a “landlord” pursuant to Fla. Stat. §83.43, as it is the agent of the owner or lessor of a dwelling unit in Florida. In fact, it is the agent of the owner or lessor of many dwelling units in Florida. 19. Defendant Tg Prime is a “person” subject to Fla. Stat. § 559.72. See Fla. Stat. § 559.55(5),(7); Schauer v. General Motors Acceptance Corp., 819 So. 2d 809 (Fla. 4th DCA 2002). IV. FACTUAL ALLEGATIONS A. Florida Tenant Security Deposits are Strictly Regulated 20. The Florida legislature recognized that in a residential setting, landlords and tenants do not bargain from equal positions of power and knowledge, and in turn require landlords and property management companies to strictly comply with security deposit laws set forth in the FRLTA. See generally Fla. Stat. § 83.49. 21. After a tenant moves out, Fla. Stat. 83.49(3)(a) of the FRLTA requires the landlord to either return the deposit in full within 15 days of moveout or send a Notice Letter by certified 4 mail of its intent to impose a claim against the tenant’s security deposit within 30 days of move out (“Security Deposit Letter”). 22. Specifically, Fla. Stat. 83.49(3)(a) of the FRLTA states: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . 23. The penalty for noncompliance with the FRLTA’s Security Deposit Notice Letter requirement is that the landlord forfeits the legal right to collect any of the security deposit funds and all security deposits still in the landlord’s passion must be returned: If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. Fla. Stat. § 83.49(3)(emphasis added). 24. The FRLTA also restricts when the landlord can take possession of security deposit funds. When a tenant receives a Security Deposit Letter within 30 days of move out explaining 5 the landlord’s intent to make a claim against those funds, Fla. Stat. 83.49(3)(b) provides the tenant with 15 days to object to the landlord’s claim. If the tenant does not object to the claim within the 15 day objection period, then and only then can the landlord take possession and control of the tenant’s security deposit funds under Fla. Stat. 83.49(3)(b). In other words, even when a valid Notice Letter is issued, the landlord cannot take possession of the tenant’s security deposit until after the 15-day objection period has passed with no objection.1 25. The landlord cannot apply the security deposit monies towards an outstanding balance in the Security Deposit Letter because at the time the letter is sent, the landlord has no legal right to those funds: (b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action. Fla. Stat. 83.49(3)(b)(emphasis added) 26. The Florida legislature also added Fla. Stat. § 83.49(1)(a) to the FRLTA which prevents landlords from prematurely taking possession of security deposits: The landlord shall not comingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord. (Emphasis added). 27. Thus, the FRLTA prohibits landlords from taking possession of tenant security deposits before giving them an opportunity to object to the charges being imposed. After all, this 1 In turn, if the tenant does object within 15 days of receiving the Security Deposit Letter sent by certified mail, the landlord must return the entire security deposit to the tenant, and file a lawsuit for any charges it wishes to recover. 6 is the tenant’s money and is only being held by the landlord. If this protection did not exist, landlords could simply take tenants’ securities deposits before the tenant was even advised what the charges were and before the tenant had any opportunity to object to such charges. The legislature put this burden on the landlord because it is the one asserting the right to keep all or a portion of the security deposit. B. Plaintiff’ Security Deposit 28. Plaintiff paid a $1,399 security deposit to Defendant or its agents. 29. Within 30 days after Plaintiff’s lease terminated, she did not receive a certified mail notice from Tg Prime of its intention to impose a claim upon her deposit. 30. Upon information and belief, Tg Prime deposits all tenants’ security deposits in the same bank account. 31. Tg Prime or its agents is the entity that assesses damage to the apartments and asserts claims against tenant security deposits. 32. Plaintiff, to this day, has yet to receive a legally sufficient notice by certified mail of Tg Prime’s intention to impose a claim upon her deposit. 33. Instead, Defendant simply took possession of Plaintiff’s security deposit without sending the required statutory notice and objection disclosures. 34. Defendant cannot offset amounts from Plaintiff’s security deposit until 15 days after Plaintiff receives a certified mail notice of intention to impose a claim against her deposit. This is to allow tenants an opportunity to object to alleged damages against their deposit, in which the landlord must then return those monies to the tenant and pursue the damages in small claims. 35. By taking possession Plaintiff’s security deposit prematurely, Defendant has violated Plaintiff’s FRLTA act right to certified mail notice and a 15 day objection period. 7 36. Defendant’s conduct is not limited to Plaintiff, it is a common course of practice to offset alleged damage claims from tenants without sending the FRLTA notice and disclosures within 30 days of move out. 37. It is Defendant’s practice to fail to send legally sufficient notices by certified mail, within 30 days of the termination of the tenancy, that contain the following disclosure for tenants at all properties it manages in Florida: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . 38. Thus, Tg Prime did not have a right to those monies because it did not comply with Fla. Stat. § 83.49(3)(a) and (b) notice and objection requirements. 39. Upon information and belief, it is Tg Prime’s routine business practice to claim/deduct/take ownership of tenants’ security deposits at all properties it rents to tenants in Florida before the Fla. Stat. § 83.49(3)(b)’s 15 day object period expires for all its tenants at all their Florida rental homes. 40. Therefore, Tg Prime knowingly take possession and control of all of their tenants at each and every one of the units it owns in Florida before the 15 day objection period has expired. Tg Prime must give notice within 30 days of moveout of its intent to impose a claim on the tenants’ security deposits, and the notice must contain the statutory notice language. Following that, Tg 8 Prime must wait 15 days and if the tenant does not object, it can then take possession and control of the Security Deposit pursuant to Fla. Stat. §83.49(3). 41. Additionally, Tg Prime violates the prohibition on commingling funds “until such moneys are actually due the landlord” under Fla. Stat. § 83.49(1)(a) by prematurely taking possession of the security deposit to offset alleged damages. 42. Plaintiff suffered actual damages from prematurely losing their security deposit and not receiving a notice letter with proper disclosures pursuant to the FRLTA. 43. The FRLTA is clear that, “[i]f the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.” Fla. Stat. §83.49(3)(a)(emphasis added). 44. Thus, Tg Prime forfeited the Security Deposit paid by Plaintiff, and that amount must be returned to her. 45. Tg Prime forfeited the right to make a claim against the deposit of all its tenants during the Class Period. E. THE PREMATURE WITHHOLDING OF EACH SECURITY DEPOSIT IS IMPROPER CONSUMER DEBT COLLECTION 46. Tg Prime took steps to collect on a consumer debt when it had no legal right to do so by failing to return the Security Deposit to Plaintiff without sending a Security Deposit Letter. 47. Tg Prime is a large residential property owner that is in the business of rentals in Florida. It has knowledge of the rights and duties of landlords and property managers under the FRLTA, including those under Fla. Stat. §83.49. 9 48. Pursuant to Fla. Stat. § 83.49(3), if the landlord does not provide the proper Notice to the tenant, he not only forfeits any right to the security deposit, the FRLTA prohibits the landlord from seeking a setoff against the security deposit: If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. Fla. Stat. § 83.49(3). 49. Pursuant to the Florida Consumer Collection Practices Act (“FCCPA”), § 559.72(9): “in collecting consumer debts, no person shall . . . [c]laim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.” 50. Therefore, Tg Prime can’t seek a setoff “against the deposit” until after proper certified mail notice has been sent and the 15 day objection period has expired. 51. Tg Prime asserts a legal right it did not have as it seeks a set off against the security deposit without first providing the Notice Letter and 15 day objection period by certified mail. Because a compliant Notice Letter was never provided by certified mail, Tg Prime had no legal right to Plaintiff’s security deposit and it had no legal right to seek a set off against the security deposit. In fact, the FRLTA does not permit Tg Prime to seek any payments from tenants, including Plaintiff, until after it refunds the security deposit. As such, this conduct violates the FCCPA by asserting legal rights it does not have. 52. Tg Prime knowingly and routinely takes possession of tenant security deposits without sending a compliant Security Deposit Notice Letter at all. Tg Prime does not possess the legal right to take ownership of any security deposits without first sending a compliant Security 10 Deposit Notice Letter by certified mail and waiting 15 days to provide the tenant with an opportunity to object. 53. Tg Prime knows that it does not possess a legal right to take possession of tenant Security Deposit or seek a setoff against the security deposit until after it has properly sent a compliant Security Deposit Letter by certified mail and the 15 day objection period has expired. Only then does Tg Prime possess a right to take Plaintiff Security Deposit or seek a set off against it. 54. Tg Prime violated the FCCPA for Plaintiff and all members of the putative class. 55. Plaintiff suffered actual damages a result of Tg Prime collection practices by prematurely having her security deposit deducted. V. CLASS REPRESENTATION ALLEGATIONS 56. Pursuant brings this action as a class action pursuant to Rule 1.220 of the Florida Rules of Civil Procedure on behalf of herself and all others similarly situated as members of the Class listed below: CLASS: During the Class Period, all persons in the State of Florida who (a) had a security deposit held by Defendant or its agents at time of lease termination (b) had any portion of their security deposit retained by Defendant, and (c) did not receive a certified mail notice within 30 days of lease termination that contains a disclosure that is substantially similar to the following: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . Collectively the “Class” 11 57. The Class Period for the Class begins four years prior to the filing of the original Complaint in this matter and ends when this Court issues an Order approving Class Notice. 58. Plaintiff is unable to state the exact number of members of the Plaintiff Class because that information is solely in the possession of Tg Prime. However, the exact number of class members, including the names and addresses of all class members, will be easily ascertained through a review of Defendant’s business records. The putative Class individually includes many Florida tenants due to the number of properties that Tg Prime operates and manages within the state. 59. Tg Prime utilizes the same standard form Lease Agreements and move out statements in connection with its collection efforts for Security Deposit withholdings and routinely fails to provide notice to impose a claim on Security Deposits by certified mail in compliance with the FRLTA. Therefore, the putative Class is so numerous that joinder of all members would be impracticable. 60. Questions of law and fact common to the Plaintiff Class exist and predominate over questions affecting only individual members. Specifically, the predominating common questions include: a. Whether Defendant violated the FRLTA by not providing Security Deposit Notice Letters by certified mail to tenants which include the statutory language required by FRLTA § 83.49(3)(a); b. Whether Defendant’s act of taking possession and control over tenant Security Deposits prior to expiration of the 15 Day Objection period violates the FRLTA § 83.49(3)(b); 12 c. Whether Defendant’s attempt to seek a setoff against tenant security deposits without first providing a Notice Letter in compliance with FRLTA § 83.49(3) and failing to wait for the 15-day objection period to expire before taking possession of those amounts, makes its collection efforts unlawful in violation of FCCPA § 559.72(9); d. Whether the members of the Class have sustained damages, and if so, the proper measure of damages, including actual and statutory. 61. The claims asserted by the named Plaintiff in this action are typical of the claims of the members of the Plaintiff Class because, upon information and belief, Tg Prime use standardized form documents and policies when asserting claims against tenant Security Deposits and when attempting to collect debts from Florida tenants after move out. 62. The claims of Plaintiff and of the Plaintiff Class originate from the same conduct, practice, and procedure, on the part of Tg Prime. Plaintiff possess the same interests and has suffered the same injuries as each putative class member. 63. The named Plaintiff will fairly and adequately represent and protect the interest of the members of the Plaintiff Class because they have no interest antagonistic to the Class they seek to represent, and because the adjudication of their claims will necessarily decide the identical issues for other class members. Whether the Defendant’s practice of failing to provide proper notice of its intent to assert a claim against the security deposits of Plaintiff and the class violates the FRLTA and/or FCCPA are common issues that will be decided for all other consumers with similar or identical move out packets and collection letters. There is nothing peculiar about Plaintiff’s situation that would make him inadequate as a Class Representative. Plaintiff has 13 retained counsel competent and experienced in both consumer protection and class action litigation. 64. A class action is superior to other methods for the fair and efficient adjudication of this controversy because the damages suffered by each individual Class member will be relatively modest, compared to the expense and burden of individual litigation. It would be impracticable for each Class member to seek redress individually for the wrongful conduct alleged herein because the cost of such individual litigation would be cost prohibitive as individual statutory damages for each violation are capped at $1,000.00 under the FCCPA. It would be difficult, if not impossible, to obtain counsel to represent Plaintiff on an individual basis for such small claims. In addition, if the consumer were to utilize the Florida Residential Landlord Tenant Act, §83.49(3)(b) to get the Security Deposit back, the same issues would arise, including the need to pay for an attorney and the cost of filing suit and serving Tg Prime. This is why both the FRLTA and the FCCPA provide for attorney fees to the prevailing Plaintiff. 65. More importantly, the vast majority of Class members are not aware the Defendant’s policies violate the FCCPA and the FRLTA and a class action is the only viable means of adjudicating their rights. There will be no difficulty in the management of this litigation as a class action as the legal issues affect a standardized pattern of conduct by Defendant and class actions are commonly used in such circumstances and Tg Prime has the records necessary to determine class membership and damages. COUNT I: VIOLATION OF THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT, FLA. STAT. § 83.40 et seq. (“FRLTA”) On behalf of the Class 66. Plaintiff, on behalf of herself, and all others similarly situated, repeat and re-allege paragraphs 1 through 65 as if fully set forth herein. 14 67. As residential owners and managers, the relationship between Tg Prime and their tenants is governed by the Florida Residential Landlord Tenant Act, Fla. Stat. Chapter 83 et seq. (“FRLTA”). 68. Fla. Stat. § 83.44 states that every rental agreement imposes an obligation of good faith in the performance thereof by the landlord or manager. 69. Fla. Stat. § 83.54 gives Plaintiff and the Class the ability to enforce their rights pursuant to the FRLTA by civil action. 70. After a tenant moves out, Fla. Stat. 83.49(3)(a) requires landlords to either return the deposit in full within 15 days of moveout or send a certified mail notice of intent to impose a claim against a tenant’s security deposit within 30 days of move out: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) . 15 71. The FRLTA is clear and unambiguous regarding the penalty for the landlord’s noncompliance with the Security Deposit Notice Letter requirement: If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. Fla. Stat. § 83.49(3)(emphasis added). 72. When a tenant receives a Security Deposit Notice Letter within 30 days of move out, Fla. Stat. § 83.49(3)(b) provides the tenant 15 days to object to the claims made against their security deposit. If the tenant does not object to the claim, under Fla. Stat. §83.49(3)(b) the landlord can only then take possession of the tenant’s security deposit monies. In other words, the landlord cannot apply the security deposit monies towards an outstanding balance in the Security Deposit Letter at all until after a compliance Notice Letter has been provided and the 15 day objection period has expired: (b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action. Fla. Stat. 83.49(3)(b)(emphasis added). 73. The Florida legislature added another section to the FRLTA that prevents landlords from prematurely taking possession of tenants’ security deposits to offset security deposit claims, Fla. Stat. § 83.49(1)(a) states that: The landlord shall not comingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord. 16 (Emphasis added). 74. Tg Prime took control and possession of Plaintiff’ and Class Members Security Deposits prior to sending a compliant Notice Letter pursuant to Fla. Stat. § 83.49(3)(b) and prior to waiting for the 15 day objection period to expire. Fla. Stat. § 83.49(3)(b) is clear that security deposit monies are not due to a landlord until after the 15 day objection period has lapsed without any objection from the tenant. 75. Here, the 15 day objection period never even began to run because Tg Prime failed to send a legally sufficient Security Deposit Letter at all. Even if it had, Tg Prime unlawfully took possession and control over Plaintiff’s security deposit on the same day Plaintiff moved out, which is well before any Notice Letter was sent and before the 15 day objection period could have expired. 76. By doing so Tg Prime also made use of Plaintiff’ and Class Members monies before the use of such monies was actually due the landlord in violation of Fla. Stat. § 83.49(1)(a). 77. Therefore, Tg Prime violated Fla. Stat. § 83.49(3)(b) and § 83.49(1)(a) by taking the tenant security deposits prematurely. 78. Plaintiff and Class Members suffered actual damages by Tg Prime equal to the amount of any security deposits withheld. 79. In accordance with Fla. Stat. § 83.48, Plaintiff and the Class are entitled to attorney’s fees and costs. COUNT II VIOLATION OF THE FLORIDA CONSUMER COLLECTION PRACTICES ACT, FLA. STAT. § 559.55 et seq. (“FCCPA”) On Behalf of the Class 17 80. Plaintiff, on behalf of herself and all others similarly situated in the FCCPA Class, repeats and re-alleges each and every allegation contained in paragraphs 1 through 65 above as if fully set forth herein. 81. At all times material herein, Plaintiff and the Class members were “debtors” or “consumers” as defined by Fla. Stat. § 559.55(8). 82. At all times material herein, Plaintiff’s security deposit debt and the Security Deposit debt of the Class members were “debts” or “consumer debts” as defined by Fla. Stat. § 559.55(6). 83. At all times material herein, Tg Prime was a “person” as referred to under Fla. Stat. § 559.72. 84. Among the FCCPA’s enumerated prohibitions, Fla. Stat. §559.72(9) states that “no person shall”… “[c]laim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.” Fla. Stat. §559.72(9).(emphasis added). 85. The FRLTA states: If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.” Fla. Stat. § 83.49(3)(a). 86. Accordingly, the FRLTA only allows for the landlord to “seek a setoff against the [security] deposit” if a compliant Security Deposit Notice Letter was issues and the 15 day objection period expired without objection by the tenant. 87. Here, Tg Prime’ systematic policy is to not provide the required Notice Letter by certified mail explaining its intent to impose a claim against the security deposit before taking possession of the security deposit funds. Instead of explaining that it intended to impose a claim 18 against the Security Deposit IF no objection was filed within 15 days of receipt of the notice letter, Tg Prime failed to do so before making a claim against the deposit. 88. Defendant’s practice of deducting claims from the Security Deposit or completely withholding the deposits without first providing a compliant Notice Letter under Fla. Stat. §83.49(3)(a) violates the FCCPA, Fla. Stat. §559.72(9) as it asserts a legal right that Tg Prime did not have. 89. Furthermore, § 83.49(3)(a) provides that Tg Prime cannot “seek a setoff against the deposit” if the required notice is not provided. As a result, Tg Prime did not have a right to the deposit because a compliance Notice had not been given and the 15-day objection period had not expired. 90. Defendant had full knowledge of the FRLTA as a property management company that handles security deposits at several apartment complexes in Florida and cannot claim ignorance of the law. It had no right under the law to impose its claims on Security Deposits and collected those funds anyway. 91. The FCCPA is a strict liability statute and therefore, Defendant should be held liable from its policy of collecting deposits without proper notice. 92. As a direct and proximate result of Defendant’s FCCPA violation, Plaintiff and the FCCPA Class suffered actual damages in the form of (1) security deposits withheld by Defendant; (2) amounts paid to Tg Prime prior to tenants ever receiving a notice letter that complies with the FRLTA by certified mail; and statutory interest on such amounts. 93. Plaintiff and the Class are also entitled to statutory damages of $1,000 per class member and attorney’s fees and costs pursuant to Fla. Stat. § 559.77(2). PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that the Court enter an Order: 19 a. Certifying this action as a class action as provided by Rule 1.220 (b)(3), appointing Plaintiff as Class Representative, and appointing the undersigned as Class Counsel; b. Adjudging that Tg Prime violated the FRLTA and the FCCPA and awarding Plaintiff and Class members actual damages in the Security Deposit amounts collected or withheld by Defendant; c. Awarding Statutory damages to Plaintiff and Class Members under the FCCPA; d. Awarding Plaintiff(s) their costs and attorneys’ fees action pursuant to Fla. Stat. §§ 83.48, the Lease Agreement, the FCCPA, and FRLTA; and e. Awarding such other and further relief as the Court may deem just and proper. JURY TRIAL DEMAND Plaintiff and the Class demands a trial on all triable issues. Dated: December 4, 2023 CONSUMER LAW ADVOCATE, PLLC. By: /s/ Matthew T. Peterson Matthew T. Peterson; FBN: 1020720 225 1st Ave. N. St. Petersburg, FL 33701 Telephone: (815)-999-9130 mtp@lawsforconsumers.com 20