[RPPTL LandTen] Commercial eviction

[Lainie J. Simon]

Move for a final default judgment or in the alternative an order requiring rent to be deposited.

The word "entitled" is not a good one to use.  The Court won't do it without giving him a chance.  If he contested, he probably filed a motion already.  The Court will set a hearing, if in PBC, to be held within 10 days anyway.


On Mar 6, 2013, at 11:57 AM, Anthony J. Horky wrote:

> 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,
>  
>  
> <image003.png>
> Anthony J. Horky, Esquire
> 
> Anthony J. Horky, P.A.
> 
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Lainie J. Simon, Esq. 
185 NW Spanish River Boulevard 
Suite 220 
Boca Raton, FL  33431 
561.445.1361 
561.997.6224(fax) 

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