[RPPTL LandTen] Commercial eviction

[Anthony J. Horky]

Hello Members:  I am seeking opinion on the following commercial tenant
eviction scenario:

 

Section 83.232(1) requires inter alia that "the tenant shall pay into the
court registry the amount alleged in the complaint as unpaid, or, if such
amount is contested, such amount as determined by the court, and any rent
accruing during the pendency of the action when due, unless the tenant has
interposed the defense of payment or satisfaction of the rent in the amount
the complaint alleges as unpaid."

 

Rent is due on the 1st of each month. Landlord institutes eviction action on
the 28th of February.  My tenant is contesting the amount of rent alleged as
unpaid, but not the actual monthly rent amount.  Is landlord entitled to
entry of a default final judgment of eviction if the tenant does not
voluntarily, and without court order, pay the March 1, 2013 monthly rent as
it accrues?  Subsection (5) says" "Failure of the tenant to pay the rent
into the court registry pursuant to court order shall be deemed an absolute
waiver of the tenant's defenses."  However, nowhere in this statute does it
provide a remedy if the tenant does not voluntarily pay the "rent as it
accrues" absent a court order.

 

Any opinion is welcome.  Thank you.

 

Regards,

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F. 561.989.3204                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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