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

[Jeffrey Mazor]

Thank you so much for the input. I can't figure out why your logical
approach is reflected in the residential statute but not so much in the
commercial.. Except, the commercial does say that if the landlord is at
risk for losing the property the court can disperse the p money
On Jan 14, 2014 9:11 PM, "Dennis Chen" <dennis at chenlaw.net> wrote:

> 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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