[RPPTL Leasing Committee] Eviction Moratorium

[RPPTL Real Estate Leasing Committee]

I have filed an eviction for a non-monetary default. As part of my damages count, I have sought the past due rent. The tenant has filed an Answer, a CDC Affidavit, and a Motion to Determine Rent. Section 83.60(2) states that "in an action for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due." While my count for possession is unrelated to the non-payment of rent, the way I read 83.60(2), the tenant is still required to deposit the past due rent into the registry to defend the eviction. Has anyone dealt with this or have any thoughts? My client has a buyer for the condo, otherwise we would just wait out the expiration of the moratorium.

Thanks!

Amanda

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Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
Main: (941) 556-9030
Fax: (941) 312-5316
akison at thebentleylawfirm.com<mailto:akison at thebentleylawfirm.com>
www.thebentleylawfirm.com<http://www.thebentleylawfirm.com/>

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