[RPPTL LandTen] Collecting the registry funds deposited under 83..232 or 83.60 in an action for possession only

[Dennis Chen]

I believe 83.61 & 83.625 provide a basis for claiming the rent in the
registry.


Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

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On Tue, Jan 14, 2014 at 5:55 PM, Jeff Mazor <jmazor at mazor.com> wrote:

>
> Some things are so obvious to experienced practitioners, that we are
> surprised when newbies don't see the same, obvious points.
>
> I have always understood that, even in actions for possession only (i.e.,
> no
> claim for damages), money deposited into the court registry under Florida
> statute sections 83.232 and 83.60 not only serves to keep the tenant honest
> and avoid stall tactics, but is also intended to provide a fund that the
> court can disburse to the landlord. The point is that if and when the
> landlord wins possession, the money that was deposited into the registry
> corresponding to past due and accruing rent is to be dispersed to the
> landlord.
>
> I'm confronted with a judge who seems to believe that if there is no
> separate claim for money damages, even if the landlord wins possession,
>  the
> registry funds must be returned to the tenant!!
>
> I haven't found it yet, but does anyone have authority for the proposition
> that the registry funds must be paid to the landlord????
>
> Thank you so much.
>
> Jeffrey R. Mazor, Esq.
> J. R. Mazor & Associates, P.A.
> Presidential Circle Building
> 4000 Hollywood Blvd.,  Suite 265-s
> Hollywood, FL 33021
> Phone: 954-962-3500
> Fax:       954-962-3560
> Email:   JMazor at Mazor.com
>
>
>
>
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