Florida tenants of Progress Residential-managed homes who were charged eviction attorneys’ fees before a court awarded them, between August 27, 2020 and August 26, 2024, will be paid 75% or 30% of the fees they paid automatically from Progress Residential’s records under the class action settlement; there is no claim form to file. The final fairness hearing is set for January 11, 2027.
Current Status
There is no claim form: eligible class members will be paid automatically if the court grants final approval. The court has approved notice of the proposed settlement, and the final fairness hearing is scheduled for January 11, 2027, at 9:30 a.m. before Judge Jessica J. Recksiedler. The deadline to opt out or object is November 20, 2026. No payment date had been announced as of October 3, 2026.Free settlement alerts
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What Changed Recently?
Court-approved notice has gone out in Johnsten et al. v. Progress Residential, LLC et al., Case No. 2024-CA-001692, in the Circuit Court of the Eighteenth Judicial Circuit in Seminole County, Florida. The case combines two suits filed in August 2024, one in Duval County and one in Seminole County, which were consolidated in Seminole County. The parties reached the settlement through mediation on June 18, 2026.The plaintiffs alleged that Progress Residential-affiliated companies followed a statewide practice of charging Florida tenants eviction attorneys’ fees, and related filing and service costs, before any court had awarded them. The lawsuit brought claims under the Florida Consumer Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act, along with negligent misrepresentation, unjust enrichment, declaratory judgment and breach of contract. The settlement was reached without any finding that any party did anything wrong.
Who Qualifies?
The settlement covers people in Florida who, from August 27, 2020 through August 26, 2024, were charged eviction attorneys’ fees by a Progress Residential-affiliated company before a court awarded those fees in an eviction case. It divides them into three classes:- Paid Class: tenants who paid the fees and ended their tenancy owing Progress less than they paid in those fees, or who are current tenants owing less than they paid. The company’s ledger review identified 476 members.
- Balance Class: tenants who paid the fees but ended their tenancy owing Progress more than they paid in those fees. The review identified 773 members.
- Attempted Collection Class: tenants who were charged the fees but did not pay them, or paid them only through a deduction from a security deposit. The review identified 1,754 members.
How Much Can You Get?
Paid Class members receive 75% of the total eviction attorneys’ fees they paid during the class period. Balance Class members receive 30%. A tenant who paid $1,000, for example, would receive $750 in the Paid Class or $300 in the Balance Class. The amounts are calculated from Progress’s tenant ledgers and payment records and reviewed by class counsel.Attempted Collection Class members receive no cash. Instead, the settlement releases claims Progress has or could have brought against class members related to the subject of the lawsuit. There is no fixed fund to divide, so one tenant’s payment does not shrink because others are paid. Progress separately pays class counsel’s fees and costs, up to $300,000 as approved by the court, and all administration costs.
What Proof or Notice ID Is Required?
None for payment. Eligible class members do not file a claim; checks are mailed to the address on the notice. The Notice ID and PIN printed on the notice are used only to update a mailing address on the settlement website. A name change requires a marriage license, divorce decree or court order, and a payee for a deceased class member must provide a death certificate and proof of being the legal beneficiary.What Is the Deadline?
There is no claim deadline. Requests for exclusion must be mailed to the settlement administrator no later than November 20, 2026, and written objections are also due November 20, 2026. Class members who are moving are told to update their address so the check reaches them.How Do You Take Action?
Eligible class members need to do nothing to be paid. The official Johnsten Fees Settlement website has an address-update tool, the settlement agreement and the instructions for opting out or objecting.What Happens Next?
The final fairness hearing is set for January 11, 2027, at 9:30 a.m. If the court approves the settlement and no appeal is filed, the effective date is the first business day after the 31-day window following final judgment. Progress must fund the payments within 14 days of the effective date, and the administrator mails checks within 30 days of it. Checks can be cashed for 90 days, and money from uncashed checks goes to NeighborWorks Florida Collaborative.OCA also covers the SELA Realty Florida security deposit settlement, another settlement for Florida renters.
Sources and Verification
This page is based on the official settlement website, the court-ordered notice and the Class Action Settlement Agreement in Johnsten et al. v. Progress Residential, LLC et al., Case No. 2024-CA-001692, Circuit Court of the Eighteenth Judicial Circuit, Seminole County, Florida. The notice and the settlement agreement are embedded below.Questions
What counts as an Eviction Attorneys’ Fee in the Progress Residential settlement?
The settlement agreement defines it as attorneys’ fees and certain court costs, limited to filing fees and service-of-process fees, that Progress charged a tenant before any court awarded those fees or costs in an eviction case. Fees a court actually awarded are not part of the settlement.
How is the Progress Residential payment calculated?
The parties calculate it from Progress’s tenant ledgers and payment records, reviewed by class counsel. A Paid Class member gets 75% of the eviction attorneys’ fees they paid during the class period, and a Balance Class member gets 30%. For example, a tenant who paid $1,000 would receive $750 in the Paid Class or $300 in the Balance Class.
What do tenants who never paid the fees get?
Members of the Attempted Collection Class, who were charged the fees but did not pay them or had them taken only from a security deposit, receive no cash. Instead, the settlement releases claims Progress has or could have brought against class members related to the subject of the lawsuit.
Does the $300,000 in attorneys’ fees come out of tenants’ payments?
No. Progress agreed to pay class counsel’s attorneys’ fees and costs, up to $300,000 as approved by the court, separately from the payments to class members, and to pay all settlement administration costs.
What happens to uncashed Progress Residential checks?
Settlement checks can be cashed for 90 days after they are mailed. Money from checks that are never cashed goes to NeighborWorks Florida Collaborative, the settlement’s designated cy pres recipient.
