[RPPTL Leasing Committee] Eviction Moratorium

Wed Jun 30 08:51:26 PDT 2021

Hi Amanda,

Yes, I have dealt with this exact situation many times.  You are correct on both your points.  I typically file a Motion for Final Judgment based upon the failure to comply with 83.60(2) (which is unlikely to be granted for that reason due to the CDC Declaration or will likely allow for a hearing to determine rent) AND for the failure to raise any legal defense to the non-monetary claim, which often will be granted without a hearing.  Of course, this all depends on which County you are in and which Judge you have drawn.

Under normal circumstances, focusing on the failure to deposit is usually most effective, but in the current climate, I would suggest focusing on the non-monetary issues.  Hope that helps

Cary Sabol
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org>
Sent: Wednesday, June 30, 2021 11:39 AM
To: landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Moratorium

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.

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