Florida Statutes

Fla. Stat. § 83.232 (2025)

Rent paid into registry of court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.232 Rent paid into registry of court.—

(1) In an action by the landlord which includes a claim for possession of real property, 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 is 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. Unless the tenant disputes the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the court registry on or before the date on which his or her answer to the claim for possession is due. If the tenant contests the amount of accrued rent, the tenant must pay the amount determined by the court into the court registry on the day that the court makes its determination. The court may, however, extend these time periods to allow for later payment, upon good cause shown. Even though the defense of payment or satisfaction has been asserted, the court, in its discretion, may order the tenant to pay into the court registry the rent that accrues during the pendency of the action, the time of accrual being as set forth in the lease. If the landlord is in actual danger of loss of the premises or other hardship resulting from the loss of rental income from the premises, the landlord may apply to the court for disbursement of all or part of the funds so held in the court registry.

(2) If the tenant contests the amount of money to be placed into the court registry, any hearing regarding such dispute shall be limited to only the factual or legal issues concerning:

(a) Whether the tenant has been properly credited by the landlord with any and all rental payments made; and

(b) What properly constitutes rent under the provisions of the lease.

(3) The court, on its own motion, shall notify the tenant of the requirement that rent be paid into the court registry by order, which shall be issued immediately upon filing of the tenant’s initial pleading, motion, or other paper.

(4) The filing of a counterclaim for money damages does not relieve the tenant from depositing rent due into the registry of the court.

(5) 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. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.

History.—s. 5, ch. 93-70; s. 442, ch. 95-147.

Notes of Decisions

Cited in 61 cases (24 in the last 5 years), 1994–2026 · leading case: Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010).

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Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010). · cites it 14× “See § 83.232(1), Fla. Stat. (2009). Under the statute, there are drastic consequences if the court-ordered deadline is not met.”

214 Main Street Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006). · cites it 9× “Section 83.232 governs rent payments into the court registry in an action by a landlord of a nonresidential tenancy which includes a claim for possession.”

Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010). · cites it 8× “In this commercial landlord/tenant dispute, a landlord petitions for mandamus, seeking an immediate default and writ of possession based on the tenant’s failure to timely pay rent into the court registry in accordance with the trial court’s order entered under section 83.232,…”

Famsun Invest, LLC v. Therault, 95 So. 3d 961 (Fla. 4th DCA 2012). · cites it 8× “The county court, pursuant to section 83.232, Florida Statutes, entered an order determining the amount of rent to be paid into the court registry.”

Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). · cites it 2× “§ 83.232(5), Fla. Stat. (2006) (emphasis supplied).”

Cascella v. Canaveral Port Auth., 827 So. 2d 308 (Fla. 5th DCA 2002). · cites it 6× “The trial court agreed that the lease made the payment of the ad valorem taxes a part of the rent and that the CPA was entitled to the summary eviction remedy of section 83.232. The court gave Cascella three options to prevent immediate eviction: (1) pay the amount of the…”

Premici v. United Growth Props., 648 So. 2d 1241 (Fla. 5th DCA 1995). · cites it 5× “" In that motion, United requested that, pursuant to section 83.232, Florida Statutes (1993), the court should determine the amount of rent due and order Premici to pay the rent due into the registry of the court pending disposition of the case.”

Kosoy Kendall Assocs., LLC. v. Los Latinos Restaurant Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009). · cites it 4× “Upon the lessee’s failure to timely deposit a monthly rental payment into the registry as required by court order 1 under section 83.232, Florida Statute, the petitioner — landlord was absolutely entitled to an ex parte, immediate default for a writ of possession of the premises…”

Palm Beach Marketplace, LLC v. Aleyda's Mexican Restaurante, Inc., 103 So. 3d 911 (Fla. 4th DCA 2012). · cites it 4× “, failed to comply with the statutory requirements of section 83.232, Florida Statutes. We recognize the tenant’s dispute about when the rental payment was due; however, the landlord pointed to the terms of the lease which provide for payment to be made on the first of the month…”

Midgard Mgmt., Inc. v. Park Centre Med-Suites, LLC, 114 So. 3d 302 (Fla. 3d DCA 2013). · cites it 5× “§ 83.232, Fla. Stat. (2011). . In response, counsel for Park Centre has suggested that the remedy is for one or more of the tenants in common to partition the property, a solution fraught with obvious drawbacks and delays when the mortgage loan on the property is already in…”

Anthony Thomas Rowe v. Macaw Holdings I, LLC, 248 So. 3d 1178 (Fla. 4th DCA 2018). · cites it 9× “The trial court was required to make at least a preliminary determination of the reduction, if any, to which the tenant was entitled regarding the deposit into the court registry required by section 83.”

In re 2408 W. Kennedy, LLC, 512 B.R. 708 (Bankr. M.D. Fla. 2014). · cites it 8× “14 The order expressly provided, consistent with section 83.232, Florida Statutes, that any failure to timely pay the past-due rent or future rent into the court registry would constitute an absolute waiver of the Debtor’s defenses to the Landlord’s claim for possession.”

Show all 61 citing cases →

— 83.232(1) — 22 cases

Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010). “See § 83.232(1), Fla. Stat. (2009). Under the statute, there are drastic consequences if the court-ordered deadline is not met.”

Cascella v. Canaveral Port Auth., 827 So. 2d 308 (Fla. 5th DCA 2002). “The trial court agreed that the lease made the payment of the ad valorem taxes a part of the rent and that the CPA was entitled to the summary eviction remedy of section 83.232. The court gave Cascella three options to prevent immediate eviction: (1) pay the amount of the…”

Famsun Invest, LLC v. Therault, 95 So. 3d 961 (Fla. 4th DCA 2012). “The county court, pursuant to section 83.232, Florida Statutes, entered an order determining the amount of rent to be paid into the court registry.”

Shaffer v. Deutsche Bank Nat'l Trust, 235 So. 3d 943 (Fla. 2d DCA 2017).

Tribeca Aesthetic Med. Solutions, LLC v. Edge Pilates Corp., 82 So. 3d 899 (Fla. 4th DCA 2011).

— 83.232(2) — 5 cases

Anthony Thomas Rowe v. Macaw Holdings I, LLC, 248 So. 3d 1178 (Fla. 4th DCA 2018). “The trial court was required to make at least a preliminary determination of the reduction, if any, to which the tenant was entitled regarding the deposit into the court registry required by section 83.”

Muvico Ent., L.L.C. v. Pointe Orlando Dev. Co., 755 So. 2d 194 (Fla. 5th DCA 2000).

Double Park, LLC v. Kaine Parking 125, LLC, 168 So. 3d 278 (Fla. 3d DCA 2015).

Denise Ann Cross D/B/A Onyx Nails v. Edgewood Grande, LLC (Fla. 5th DCA 2025).

Hallandale Plaza, LLC v. New Tropical Car Wash, LLC (Fla. 4th DCA 2022).

— 83.232(2)(b) — 3 cases

Double Park, LLC v. Kaine Parking 125, LLC, 168 So. 3d 278 (Fla. 3d DCA 2015).

Hallandale Plaza, LLC v. New Tropical Car Wash, LLC (Fla. 4th DCA 2022).

— 83.232(3) — 4 cases

Denise Ann Cross D/B/A Onyx Nails v. Edgewood Grande, LLC (Fla. 5th DCA 2025).

T.G. United, Inc., & Mental Toughness Training Ctr., LLC Vs Aadd Props., LLC (Fla. 5th DCA 2023).

Rafael Almendral v. J & C Prop. Mgmt. Corp. (Fla. 3d DCA 2025).

— 83.232(5) — 37 cases

214 Main Street Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006). “Section 83.232 governs rent payments into the court registry in an action by a landlord of a nonresidential tenancy which includes a claim for possession.”

Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “§ 83.232(5), Fla. Stat. (2006) (emphasis supplied).”

Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010). “In this commercial landlord/tenant dispute, a landlord petitions for mandamus, seeking an immediate default and writ of possession based on the tenant’s failure to timely pay rent into the court registry in accordance with the trial court’s order entered under section 83.232,…”

Kosoy Kendall Assocs., LLC. v. Los Latinos Restaurant Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009). “Upon the lessee’s failure to timely deposit a monthly rental payment into the registry as required by court order 1 under section 83.232, Florida Statute, the petitioner — landlord was absolutely entitled to an ex parte, immediate default for a writ of possession of the premises…”

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