1. What Is Fraud?

Fraud occurs when the accused makes false statements to manipulate the other party into a transaction or when the party charged with fraud withholds particular information from the other party to manipulate the other party into a transaction. In a shorter term, the accused will manipulate a situation to enter a transaction.

2. How Can You Prove Fraud?

Fraud is typically difficult to prove because it is assumed by the courts that all parties involved understand and have the expertise of the validity of the statements in a transaction. Thus, a duty to disclose (or reveal) information has to exist for liability to arise. This means that the plaintiff must prove that the accused had acted with the intent to deceive and manipulate.

3. What Does a Claim for Fraudulent Misrepresentation Have?

A claim for fraudulent misrepresentation must require a misrepresentation (or lie) about a fact, the speaker’s knowledge that the fact is false, justifiable reliance on the misrepresentation for the translation, and damages of that reliance.

4. What Impacts a Claim for Fraud? What Is the Difference Between Opinions and Facts in the Business Context? What Challenge Do Sophisticated Parties Face When Trying to Prove the Reasonableness of a Misrepresentation? Can an At-Will Employee Succeed on Claims of Fraud?

Many factors can influence the ability to claim fraud. The first being that opinions are not misrepresentations of fact. In the business context, opinions about a product are referred to as trade talk. This simply expresses the speaker’s personal belief. If an opinion is made about a type of investment, for example, and an investor acts on that. Fraud claims cannot be made because it is opinionated representation. Another influence is that sophisticated parties must overcome justifiable reliance. Justifiable reliance is the concept that an accused party relied on a misrepresentation to complete a transaction. Sophisticated parties are parties that have years of experience in a field related to the transaction. The last influential concept is that at-will employment generally negates justifiable reliance. At-will employees can be terminated at any time and are not concerned with future employees.

5. What Is Fraudulent Concealment?

A fraudulent concealment claim arises when a party has to abide by the duty to disclose information relevant to a transaction and fails to fulfill that duty. There are five key elements of fraudulent concealment: a relationship between the parties that requires the duty to disclose, knowledge of parties of duties to disclose material facts, the party’s intention to not disclose, justifiable reliance, and damages.

6. Is a Fiduciary Relationship Required Between Parties?

Yes, a fiduciary relationship is required. This is because it acts in favor of the beneficiary and towards a high standard of care to manage the beneficiary’s money or property. A fiduciary provides good faith, trust, confidence, and candor in a relationship. A fiduciary relationship does not exist in a transaction between sophisticated parties. Legal counsel and advisors are retained on both sides.

7. How Does the Duty to Disclose Arise?

A confidential relationship could result in the duty to disclose. Courts may find a fiduciary relationship based on a confidential relationship. However, a confidential relationship exists when a party is in the influential position over the other party.

8. What Does Superior Knowledge of Special Facts Relate to Disclosure?

Superior knowledge of special facts is the concept where one party is in exclusive possession of material information that the other party does not know about. The duty to disclose arises when the other party acts under a false impression of facts to the transaction that would correct the disclosure of the special facts.

9. How Can You Make a Successful Aiding and Abetting Fraud Claim?

To make a successful aiding and abetting fraud claim, you need a proven case of fraud, the aider and abettor’s knowledge of fraud, the aider and abettor’s knowledge of substantial assistance of the fraud. A plaintiff has to show the connection between the fraud, the aider and abettor’s knowledge, the actions taken by the aider and abettor, and the damages. The allegations of aiding and abetting must be asserted as separate allegations than the initial allegation of fraud. The party in charge of aiding and abetting has to have actual knowledge of the fraud and provide substantial assistance in advancing the action of fraud.

10. What Is Constructive Fraud?

Constructive fraud arises when the fraud has occurred but the elements of fraud cannot be proven. It is a claim available in cases where the liability is warranted although the intent of fraud may not be. The elements of constructive fraud consists of a relationship between the parties that creates a duty to disclose, the knowledge of material facts by the party, nondisclosure, justifiable reliance, and damages.

11. Can the Duty to Disclose Be Replaced With the Intent to Deceive?

Yes, in a case of constructive fraud, the party that must disclose information does not have to act with the intent to deceive if there is a duty to disclose.

12. How Can You Establish a Duty to Disclose?

To establish the duty to disclose, there must be a relationship between existing parties and that relationship’s duty to disclose. Officers and directors must provide their shareholders with duties of loyalty and candor, requiring complete disclosure.

13. How Can You Establish Justifiable Reliance?

It may be difficult to establish justifiable reliance for sophisticated parties. This is because it is assumed they have the experience to investigate the transaction and its circumstances. You can show justifiable reliance when one party in a transaction is in possession of material information, not discovered through another’s investigation.

14. What Is Negligent Misrepresentation?

Negligent misrepresentation is a business tort which requires a party in a transaction owes a duty to the other to use reasonable care while supplying information regarding the transaction. Negligent misrepresentation claims depend on the defendant’s failure to exercise reasonable care, the intention of the plaintiff’s reliance on the information, the plaintiff’s reliance on the incorrect information, and the plaintiff’s suffered damages. Negligent misrepresentation does not require the party providing false information with the intention of deception, but that all the party needs to know was the knowledge that the information was false.

15. What Does Negligent Misrepresentation Mean Against Auditors and Accountants?

Negligent misrepresentations claims are made towards auditors and accountants because they are involved in business transactions. A client will most likely hire an auditing or accounting firm to provide advice about a transaction and the client therefore relies on that advice and information.

16. What Does Negligent Misrepresentation Mean Against Officers and Directors?

Generally, officers and directors are not held liable for acts for their official roles. But when corporate officers and directors engage in tortious conduct, then they will be held liable. They can be held personally liable for their actions during business dealings. Claims for negligence can be brought up regardless of claims towards the corporation.

17. What Is the Heightened Pleading Standard?

A heightened pleading standard leads to the dismissal of fraud claims at the earliest stage of the case. This standard protects the reputation of the accused and provides notice of the alleged misconduct. The claim must be set in fraudulent conduct in specific detail. It is important to gather all evidence of a fraud case before filing a lawsuit, so that the counsel can file a claim to overcome heightened pleading standards.

18. What Are the Exceptions to the Heightened Pleading Standard?

There are three exceptions to the heightened pleading standard: (1) pleading fraudulent concealment, (2) exclusive acknowledgement of fraudulent conduct, and (3) pleading intent to default. Pleading to fraudulent concealment occurs when one party reserves material information from another to complete a transaction. This makes it difficult to find out exactly when the fraud had occurred. The exclusive acknowledgement of fraudulent conduct is where the parties accused of fraud exclusively have knowledge concerning the fraud. The final exception is pleading scienter or intent to defraud, which the party’s intent to defraud another person, because a party cannot realistically know exactly what the accused is thinking of.

19. How Can You Prove a Fraud Claim?

To prove a fraud claim, the claim must be supported by evidence to prove the alleged facts. The burden of proof must be satisfied by the standards of the judge or a jury. Evidence must be presented as credible because claims of fraudulent activity can lead to criminal consequences.

20. What Type of Damages Come From a Fraud Case?

There are three types of damages: (1) out of pocket damages, (2) benefit of the bargain damages, and (3) punitive damages that may arise in a fraud case. Out of pocket damages exert the injury suffered by the party claiming fraud. This can be the amount of money expended by the defrauded party and reduced by the transaction. Benefit of the bargain damages move the party claiming fraud to where they were before the fraud and transaction occurred. Finally, punitive damages are additional damages given with compensatory damages that a plaintiff has. Standards for punitive damages vary from state to state and depend on jurisdiction or case law and statute.

1. How Can You Avoid Litigation in Disputes?

Resolving disputes without litigation can save valuable time and resources. A company would have to spend its time and resources on investigating and responding to claims and a legal dispute can negatively influence a company’s reputation. That is why it is important to react to claims as soon as possible to avoid litigation. Managing risks can reduce chances of litigation. These risks include, transactional risks, risks related to transactions with foreign countries, counterparty risk, product liability risk, and risks related to daily business activities.

2. What Types of Transactions Can Lead to Litigation?

Certain transactions can lead to litigation more than others. This includes financial contracts, distribution and agency agreements, employment relationships, high value sales agreements, construction contracts, intellectual property matters, etc. When drafting an agreement, it is important that the client knows the risks associated with a transaction. Agreements should include government-abiding law, a dispute form and resolution provisions.

3. What Are Some Risks Related to Transactions With Foreign Countries?

If a U.S. company enters into an agreement with a foreign country, there are a variety of risks that are associated. This includes supplier credit risk, conflicting foreign laws, export regulations, exchange rate risk, cultural differences, and contract and judgment enforceability risk. Supplier credit risk is the risk that associates itself with a foreign buyer’s failure to complete payment obligations.

4. What Is a Counterparty Risk?

Counterparty risk is the probability that the other party in a transaction cannot be fulfilled with the deal and could default based on contractual obligations. It is necessary to perform due diligence on this transaction. Due diligence can determine if the other party has been involved in previous litigation, and the other party’s assets, resources, and financial information. You can find this information by speaking to those familiar with other parties, performing internet research, running a credit check, inspecting company accounts, and reviewing judicial records and litigation.

5. What Is a Product Risk?

A product risk is a risk that involves the sale of products, the inclusion of contract terms and product warranties, and maintaining insurance, conducting due diligence of suppliers, and product design and testing. A company can minimize product risks by following clear and conspicuous warning labels, limited contract warranties, limits on liability provisions, exclusive remedies clauses, insurance, indemnifications, implementing product design and testing procedures, effective quality management, and maintaining experienced and well-trained personnel, and having product recall and comprehensive crisis management plans in place.

6. What Is a Process Risk?

A process risk is for companies that are exposed to potential litigation risks daily, as it encounters: employee and employer disputes, intellectual property disputes, regulatory investigations, violations of confidentiality and health, safety, and environmental concerns.

7. What Options Should Be in a Contract for Resolving Any Disputes?

Before resorting to litigation, a mechanism to resolve disputes includes, mediation, referral of conflict to senior executive for resolution, and arbitration.

8. What Is Mediation?

Mediation is a voluntary resolution period where a mediator will attempt to console the parties to reach a negotiated and agreed upon statement. Generally, an open session with relevant parties will occur. A mediation clause will be formed to establish a framework for negotiations in the mediation process.

9. What Is Arbitration?

Arbitration is a common dispute resolution procedure where the parties must agree to be bound by the tribunal’s decision and cannot be appealed. An arbitration hearing is more private, less formal, and more flexible. An arbitration case can also allow for more evidence to be introduced.

10. When Can Cases Be Brought Up to Federal Court?

A case can be brought up to federal court when the case refers to a violation of a federal law and when the parties are from separate jurisdictions. A case can also be brought to federal court if neither of the plaintiffs is a citizen of the same jurisdiction as the defendant, and the matter exceeds $75,000.

11. What Are Preliminary Actions to Litigation Processes?

The firstmost thing that one should do is to check the relevant statute of limitations to determine if the claims have been properly and legally made. You should also check if your insurance will cover the claim and how should one go about the claims procedure.

12. What Is a Litigation Strategy?

A litigation strategy is made at the earliest point possible and definitely before entering into legal proceedings. To make a litigation strategy, you must analyze and determine the strength and weaknesses of the claim and its defense. It is important to review all client documents and conduct thorough interviews.

13. What Is Privilege? What Is Attorney-Client Privilege? What Does a Work Product Doctrine Do?

Privilege is the exception to the right of discovery. A party claims privilege to disclose documents but can object to the inspection of those documents. It is important to understand the materials that are privileged. There are two primary types of privilege: attorney-client privilege and work product doctrine. Attorney-client privilege is the legal privilege to keep confidential information and communications between an attorney and their client as a private matter. A work product doctrine essentially protects documents and physical things that are prepared for litigation matters or representative from disclosure to other third parties.

1. What Does the Relationship Between Business Tort Claims and Contract Claims Look Like?

Business tort claims is that it addresses civil wrongs in a business or commercial relationships. Contract claims address an agreement between parties. In many cases, business tort claims and contract claims are linked because a business relationship and its responsibilities are held in a contract, and a business tort claim may emerge because of a reach of that contract.

2. What Are Some Business Tort Claims?

A business tort claim arises from law and its definition and breach of a duty. Some common business tort claims are breaches of fiduciary duty, tortious interference, and product liability.

3. What Is a Breach of Fiduciary Duty?

A breach of fiduciary duty is a claim of negligence of the duties from a fiduciary relationship. A fiduciary relationship is where parties put trust within each other to fulfill their duties.

4. What Are the Different Types of Tortious Claims?

The different tortious claims are tortious interference with contractual relationships, business relationships, and prospective advantage/business opportunities. In tortious claims a party will intentionally interfere with a third party business relationship. The tortious claims have similar basic elements. These elements are a contract, the defendant’s knowledge of the contract, the defendant’s intentional negligence of the contract, and the cause of the interference of the contract.

5. What Are Product Liability Claims?

Product liability claims are claims of negligence that are based on defects of a product. There are many parties that arise during the distribution process; designers, manufacturers, distributors, retailers, and suppliers. Product liability claims are based on defective design, manufacturing, labeling, packaging, and/or distribution of a product.

6. What Are Unfair Business Practices?

Unfair business practices are practices that use a deceptive or unethical method to obtain business profits or benfactories. Some unfair business practices include fraudulent misrepresentation, trade secret misrepresentation, disparagement, and antitrust.

7. What Is Fraudulent Misrepresentation?

Fraudulent misrepresentation is what occurs when a party lies or holds information to hurt another party in a business transaction. The four elements of fraud are an incorrect representation of facts, the intent to manipulate, the dependency on the intent of deception, and injury from misrepresentation.

8. How Can You Win on a Trade Secret Misappropriation Claim?

A trade secret is some piece of information that can give a party or entity an advantage over other competitors. To win on a trade secret misappropriation claim, the plaintiff has to establish the existence of there being a trade secret, the acquisition of a trade secret, and the disclosing of trade secret. There also must be reasonable measures to maintain secrecy of the trade secret. Some examples are client and supplier lists, manufacturing processes, patterns, marketing and advertising plans, business methods, personnel information, source code and algorithms.

9. What Is the Difference Between Disparagement and Defamation?

Disparagement is the publication of false and harmful statements against a party’s property or business. Defamation is the publication of false and harmful statements against an individual.

10. What Are Some Anti-Trust Laws?

Antitrust laws are regulations that prevent or remedy monopolies when a singular company controls the entire market for a product and promotes competition. Some antitrust laws are the Sherman Antitrust Act, Clayton Act, Robinson-Patman Act, and the Federal Trade Commission Act. The Sherman Antitrust Act prohibits making contracts and agreements that jeopardizes trade. The Clayton Act reinforces the Sherman Antitrust Act and prohibits certain practices that restrict a competitive market. The Robinson-Patman Act prohibits large buyers from forcing suppliers to sell goods at lower prices than those offered to smaller businesses. The Federal Trade Commission Act protects the market from unfair methods of competition and unfair practices in commerce relations.

11. When Is a Claim of Infringement or Dilution Brought On?

A claim of infringement or dilution is brought on when someone uses the intellectual property of another’s without permission. This could involve trademarks, patents, and copyrights. A copyright is the legal right to the owner of a piece of literature, art, or music to produce, perform, record, and/or make alterations to the piece. A trademark is a specific symbol that indicates a business’ identity of its certain goods and services. A patent is something that grants the patent holder the right of excluding others from making and selling the invention for a limited time.

12. Are There Remedies for Business Tort Claims?

Yes, there are remedies against business tort claims. Business torts can be affected by federal and state regulation and case law. Damages to business torts include damages to reimburse the plaintiff for any harm caused by a defendant and additional damages to deter these harmful activities to others. To remedy a business tort claim, there are many injunctions that can be implored, such as restraining orders, preliminary and permanent injunctions. A preliminary injunction is an injunction that is granted before a trial. A permanent injunction is a court order that requires a person to stop doing a certain action.

13. Are There Damages Available for Breach of Contract?

Yes, there are damages for a breach of contract. These damages are usually compensatory and put the plaintiff in the position if the contract was fulfilled. There could be consequential damages that are available if they were discussed when the contract was made. Punitive damages can be assessed when a defendant has done reprehensible actions towards the plaintiffs. In some cases a contract has a liquidation of damages clause, which will specify the types of damages if a breach of contract occurs.

14. What Is the Economic Loss Rule?

The economic loss rule is a rule that prohibits parties from recovering tort when another’s negligence results in some form of economic loss. An economic loss is essentially a financial loss suffered by a member of the contract. This does not include damage to tangible property\

1. What Are Expansion Rights?

Essentially, an expansion clause is a negotiable clause in a lease that allows the tenant a right to expand within the building they are leasing. There are three provisions that allow the tenant to expand the leased property: the option to expand, right of first refusal, and the right of first offer. These rights are distinct from each other.

2. What Are the Differences Between the Option to Expand, Right of First Refusal, and the Right of First Offer?

The offer to expand is a fixed right that allows the tenant to include additional spaces. This is protected by recording the offer to expand in the original lease or memorandum of lease. The landlord is required to keep the additional space vacant, or leased for a brief period of time, so the space is available when the tenant invokes the offer to expand. The tenant may exercise this right from when the lease is signed to about a year, maybe two. The tenant can exercise this right by distributing a written notice to the landlord, expressing the expansion of the leased premise. The terms governing the original space will follow to the additional space.

A right of first refusal is a tenant’s right to meet the offer of a third-party to the landlord for the additional space. This is different from the offer to expand, because the authority to decide who leases the space is determined by the landlord. It is good practice to record the right of first refusal in the lease of a memorandum of lease by the tenant’s representation. The right of first refusal is valid throughout the entirety of the lease term. Due to the absence of clear standards, it is not certain how a court could sway. Some courts require the tenant’s offer to match the third party’s offer identically, and others require a more lenient match to the third party offer. The right of first refusal in commercial leases depends on the use of the space. For retail purposes, a tenant could be interested in the right for a continuous space. Whereas for a space being used for an office, the right of refusal can be acceptable on any part of the building.

A right of first offer is a tenant’s right to make an offer to the landlord regarding expansion before third parties become involved. This allows the tenant to make an offer or be involved in this process earlier than other third parties to make offers. This right must be clarified within the original lease and memorandum of a lease. This right must be carefully drafted to determine when the right of first offer is invoked. If the landlord is working on a leasing strategy with a broker, the right is typically not invoked. The standard way of applying care when drafting the right of first offer, is to trigger the right when the space is available for a lease. At that point, the landlord makes open negotiations with the tenant and makes good faith negotiations to reach an agreement. If the landlord desires, they may commence marketing the property for third parties, however the landlord cannot accept an offer equal to or less than the tenant’s offer.

3. Why Do Landlords Resist a Tenant’s Request for Expansion Rights Provisions?

A landlord may be reluctant to accept a tenant’s request for expansion rights due to building value, hiring a broker, large space requirements, loss of a bidder, and litigation.

The building value may negatively fluctuate with the presence of expansion provisions. This is because the value of a property is determined by the present value of the building based on the long-term net rent estimates. Therefore, if the net rent value is less than the assumed normal rent, the value of the building will be lower than the building without rental limits.

Hiring a broker may also discourage a landlord from granting expansion rights provisions. This is because the landlord may face difficulty when accepting a lease agreement, where their right to a commission may be lost. This may be due to the fact that the additional property may not be leased for a long period of time.

Large space requirements further the reason for a landlord’s hesitation to expansion rights provisions. This is because the landlord could receive a proposal from a potential tenant for a large portion of the space in a building, including the space from a tenant’s expansion clause. The landlord may lose business from a potential tenant with larger space requirements compared to the tenant, who has a right to the additional space.

The loss of a bidder could cause the landlord to disapprove of expansion rights provisions. The most aggressive bidder is most probably the current tenant without expansion provisions. This is because the current tenant gains from expanding in a space whereas relocating comes with more costs. Therefore, if a landlord agrees to expansion provisions, the landlord loses the business of the current tenant.

The loss of a bidder could cause the landlord to disapprove of expansion rights provisions. The most aggressive bidder is most probably the current tenant without expansion provisions. This is because the current tenant gains from expanding in a space whereas relocating comes with more costs. Therefore, if a landlord agrees to expansion provisions, the landlord loses the business of the current tenant.

Finally, litigation reflects the landlord’s reluctance to approve of expansion rights provisions. Because these matters are litigation prone, and thereby time consuming and costly, the landlord is discouraged from pursuing expansion rights provisions.

4. Why Should a Tenant Want Expansion Rights?

The tenant would want expansion rights to save future costs, consolidation, special requirements of tenants, distribution, and downside protection.

A primary reason to seek expansion is that the tenant has outgrown the space, and desire to possess an ability to grow without relocation and in a timely manner. This could save the tenant from making costly relocation decisions, and invoke the expansion rights provisions in a timely manner. However, a downside to this is that more attractive buildings and locations are not able to be considered by the tenant.

Consolidation is another reason that a tenant may want expansion rights. If a tenant’s parent company is considering consolidation to increase efficiency, then the tenant may be more inclined to invoke expansion rights.

Another reason is the special requirements of a tenant. This is because the expansion clause allows the tenant to remain in the property requirements desires, such as high ceilings, clean rooms, expensive production lines, that another property wouldn’t offer.

Distribution is a reason for a tenant to desire expansion rights. A critical factor of this reason is the prime location of the property. A tenant may want access to efficient transportation. Therefore, location is an important factor to take into consideration.

Downside protection may encourage a tenant to seek expansion provisions. If the tenant’s financial gain declines, but the tenant would like to expand their space, then the expansion clause continues to allow the tenant to expand.

5. What Are Some Key Issues Brought With Expansion Clauses?

Some key issues faced with expansion clauses consist of bankruptcy, a third party offer of a larger space, a third party offer with parent guaranties or creditworthy tenant.

A risk to expansion is in the case where the landlord is in default of mortgage, and is moving towards bankruptcy. The financial state of the landlord is a problematic role, especially if the commercial real estate market is soft, where demand is decreasing.

An alternate risk that arises due to expansion clauses is a third party offer of a larger space. The landlord may receive an offer from a third party to lease space, including the expansion space and additional space. Although the response of the judge varies, the true answer to this situation is to clearly address the matter in the expansion clause of the lease agreement. From the point of view from the landlord, the space that the third party would like to lease, and the original expanded space of the tenant (and additional space) should be equivalent to exercise the tenant’s option to fully expand.

Similarly, a third party offer with parent guaranties or a creditworthy tenant is an additional issue. In some circumstances, the potential tenant may be more financially supported than the current tenant or if a parent guaranty is offered by the third party. The terms of the expansion clause must be followed. As the tenant is not in default under the lease, then the landlord is not fit to accept the third party’s offer. However, if the prospective tenant offers obligations from a creditworthy source, or a security deposit, then the landlord could accept the offer.

The failure to close a deal is another risk of expansion provisions. In this case, the landlord accepts a third party offer, and the prospective tenant fails to close on the deal within the time of the offer. Typically, the relationship between the landlord and the tenant reverts to the expansion clause in the lease, where the landlord may seek other third party offers that the tenant must match.

6. What Are the Components in the Option to Expand?

The option to expand must consist of a detailed description of the expansion space, when the option can be exercised, the length of the lease term, the conditions which discuss the specifics of the provision. The option to expand should additionally include when occupancy begins, tenant improvements and operating expenses. In addition, the provision should discuss rent, allocation of parking spaces, and the landlord’s responsibility to remove holdover tenants.

7. What Are the Components in the Right of First Refusal?

The components of a right of first refusal are a detailed description of the space, when the right of first refusal can be exercised, the lease term, and the conditions to invoke the right. The right of first refusal provision must also address what constitutes as a trigger for the right of first refusal, and carefully structured standards within the lease.

8. What Are the Components in the Right of the First Offer?

The elements of the right of first offer provision are the lease term, and the conditions to exercise the right. The right of first refusal provision must also discuss how the right of first offer is triggered, and other terms, which specify the advertising of the property or provide the tenant with guidance.

The statutes and regulations of residential transactions are written in Ga. Code Ann. §§ 44-7-30 through 44-7-37. There are no provisions for commercial transactions. This article discusses nonrefundable fees, residential rental agreements, and security deposits. A nonrefundable fee is any amount paid to a landlord by a tenant that had been previously agreed upon to be non-refundable within the stipulations of a residential rental agreement. A residential rental agreement refers to contract, lease, or license agreement for the rental of a property for residential purposes. This provision defines security deposit as a deposit given after July 1, 1976, from a tenant to a landlord, which the landlord holds for the tenant.

2. Are There Statutes That Discuss Any Limitations on Security Deposit Amounts in Georgia?

No, there are no statutes that discuss the limitations on security deposit amounts.

3. What Are the Time Limitations for Return of Security Deposit?

According to GA law, the landlord has 30 days or a month to return the security deposit of the tenant, after the tenant has obtained repossession of the property.

4. What Do Tenant Recovery Rights Consist of in Georgia?

Georgia law states that if a landlord fails to return the security deposit, the tenant must receive three times the sum withheld, with the addition of attorney’s fees. 

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