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Florida Statute 83.232 | Lawyer Caselaw & Research
F.S. 83.232 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.232

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.232
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.

F.S. 83.232 on Google Scholar

F.S. 83.232 on Casetext

Amendments to 83.232


Arrestable Offenses / Crimes under Fla. Stat. 83.232
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.232.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROWE, v. MACAW HOLDINGS I, LLC, a, 248 So. 3d 1178 (Fla. App. Ct. 2018)

. . . determine the amount of money he would be required to post in the court registry pursuant to section 83.232 . . . The circuit court erred in failing to hold a section 83.232(2) hearing. . . . This case fell under section 83.232(2)(b), which contemplates a hearing on "[w]hat properly constitutes . . . to which the tenant was entitled regarding the deposit into the court registry required by section 83.232 . . . Where there is a dispute as to the amount of such adjustments, section 83.232(2) requires an evidentiary . . .

CUSTOM MARINE SALES, INC. a v. BOYWIC FARMS, LTD. a a, 245 So. 3d 791 (Fla. App. Ct. 2018)

. . . It argues that the trial court erred in ordering it to deposit rent pursuant to section 83.232, Florida . . .

LINCOLN ENTERPRISE, LLC, v. Z. BOOKSTEIN,, 239 So. 3d 163 (Fla. App. Ct. 2018)

. . . In the eviction case, Bookstein filed a motion pursuant to section 83.232 of the Florida Statutes to . . . The trial court set a December 8, 2017 hearing date for Bookstein's section 83.232 motion. . . . that lifted the previously entered stay and re-set the December 8th hearing on Bookstein's section 83.232 . . .

TRIBECA AESTHETIC MEDICAL SOLUTIONS, LLC. v. EDGE PILATES CORPORATION, a a, 229 So. 3d 825 (Fla. Dist. Ct. App. 2017)

. . . As required by section 83.232, Florida Statutes (2010), the Subtenant paid the monthly rent into the . . . portion of the premises, this court held that the Landlord may be entitled to disbursement under section 83.232 . . . returned some of the disbursed funds to the registry and began to receive hardship payments under section 83.232 . . . this case, the Landlord’s only independent claim to the funds was the hardship claim under section 83.232 . . .

L. SHAFFER, v. DEUTSCHE BANK NATIONAL TRUST, FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST, 235 So. 3d 943 (Fla. Dist. Ct. App. 2017)

. . . See, e.g., § 83.232(1), Fla. Stat. (2014). . . .

CHARBONIER FOOD SERVICES, LLC, v. ALHAMBRA TOWER, LLC,, 206 So.3d 755 (Fla. Dist. Ct. App. 2016)

. . . require Charbonier to deposit all of the disputed rent into the court registry-pursuant to section 83.232 . . .

DOUBLE PARK, LLC, v. KAINE PARKING LLC. a, 168 So. 3d 278 (Fla. Dist. Ct. App. 2015)

. . . from a non-final order directing it to place disputed excess rent money in escrow pursuant to section 83.232 . . . See § 83.232(2)(b), Fla. . . . Co., 755 So.2d 194, 194 (Fla. 5th DCA 2000) (“[S]ubsection 83.232(2), Florida Statutes (1999), specifically . . .

IN RE W. KENNEDY, LLC,, 512 B.R. 708 (Bankr. M.D. Fla. 2014)

. . . The order expressly provided, consistent with section 83.232, Florida Statutes, that any failure to timely . . . entered because the Debtor failed to deposit its monthly rent into the court registry under section 83.232 . . . Under section 83.232, the failure to deposit rent into the registry of the court is deemed an absolute . . . Section 83.232 says nothing about the well-pled allegations of the complaint being deemed true. . . . P. 1.500. . § 83.232(5), Fla. Stat. . Id. . . .

MISHA ENTERPRISES, v. GAR ENTERPRISES, LLC,, 117 So. 3d 850 (Fla. Dist. Ct. App. 2013)

. . . Section 83.232, Florida Statutes (2011), sets forth the requirements for payment of rent into the court . . . that accrues during the pendency of the action, the time of accrual being as set forth in the lease. § 83.232 . . . Under section 83.232(5), Misha’s failure to comply with the trial court’s order entitled GAR to an immediate . . . Therault, 95 So.3d 961, 962 (Fla. 4th DCA 2012) (“Section 83.232 is designed to protect a commercial . . . “A default under this statute [section 83.232] determines only the possesso-ry interest and does not . . .

MIDGARD MANAGEMENT, INC. v. PARK CENTRE MED- SUITES, LLC., 114 So. 3d 302 (Fla. Dist. Ct. App. 2013)

. . . of the rent payments deposited into the court registry, those payments were mandatory under section 83.232 . . . Riveron, 495 So.2d 1195, 1197 n. 2 (Fla. 3d DCA 1986). . § 83.232, Fla. Stat. (2011). . . . . do not reach the merits of the remaining and untried issues among the parties, we note that section 83.232 . . .

LK GROUP HOLDING COMPANY, v. SPURRIER INVESTMENTS, INC. a, 110 So. 3d 511 (Fla. Dist. Ct. App. 2013)

. . . the registry an amount determined by the court for the disputed amount of rents pursuant to section 83.232 . . . opinion reveals the county court judgment was reversed because the trial judge did not comply with F.S. 83.232 . . .

WOLFF v. J. PIWKO,, 104 So. 3d 372 (Fla. Dist. Ct. App. 2012)

. . . Thereafter, Piwko failed to make a payment of rent into the registry of the court as required by section 83.232 . . . Section 83.232(5), Florida Statutes (2010), states: “Failure of the tenant to pay the rent into the court . . .

PALM BEACH MARKETPLACE, LLC, v. ALEYDA S MEXICAN RESTAURANTE, INC., 103 So. 3d 911 (Fla. Dist. Ct. App. 2012)

. . . tenant, Aleyda’s Mexican Restaurante, Inc., failed to comply with the statutory requirements of section 83.232 . . . See §§ 83.232(1) & (5), Fla. Stat. (2011); Park Adult Residential Fac., Inc. v. . . . pointed out in Pool, the landlord is entitled to a default for possession in accordance with section 83.232 . . .

MINTY, v. MEISTER FINANCIALGROUP, INC. Of T. P. L., 97 So. 3d 926 (Fla. Dist. Ct. App. 2012)

. . . The foregoing principle does not apply to sections 83.232(1) and 83.60(2), Florida Statutes (2011), which . . .

FAMSUN INVEST, LLC, v. THERAULT,, 95 So. 3d 961 (Fla. Dist. Ct. App. 2012)

. . . The county court, pursuant to section 83.232, Florida Statutes, entered an order determining the amount . . . Section 83.232 is designed to protect a commercial landlord from irreparable harm where a tenant holds . . . landlord is entitled to an immediate default for possession without further notice or hearing thereon. § 83.232 . . . controlling county court cases, would permit commercial tenants to frustrate the purposes of section 83.232 . . . may apply to the court for disbursement of all or part of the funds so held in the court registry.” § 83.232 . . .

GOOD TO GO FOOD STORE, INC. v. LRM REALTY, LLP,, 93 So. 3d 362 (Fla. Dist. Ct. App. 2012)

. . . See § 83.232. Good To Go did not comply. . . .

DTRS INTERCONTINENTAL MIAMI, LLC, v. A. K. GIFT SHOP, INC., 77 So. 3d 785 (Fla. Dist. Ct. App. 2011)

. . . Shop to comply with an “Agreed Order Directing Tenant to Pay Rent Into Registry of Court Pursuant to § 83.232 . . . Section 83.232(5), Florida Statutes (2011), provides, “Failure of the tenant to pay the rent into the . . . Under the plain language of section 83.232(5), DTRS Intercontinental is entitled to an immediate writ . . .

TRIBECA AESTHETIC MEDICAL SOLUTIONS, LLC, v. EDGE PILATES CORPORATION, 82 So. 3d 899 (Fla. Dist. Ct. App. 2011)

. . . Section 83.232(1), Florida Statutes, requires a tenant to pay into the court registry the amount of unpaid . . . “absolute waiver of the tenant’s defenses,” and the landlord is entitled to an immediate default. § 83.232 . . .

POAL WK TAFT, LLC, a v. JOHNSON MEDICAL CENTER CORP., 45 So. 3d 37 (Fla. Dist. Ct. App. 2010)

. . . timely pay rent into the court registry in accordance with the trial court’s order entered under section 83.232 . . . In accordance with landlord’s motion for deposit of rents pursuant to section 83.232, Florida Statutes . . . See § 83.232(5), Fla. Stat. (2009). On June 3, 2010, the tenant deposited rent. . . . Section 83.232 requires the tenant to pay into the court registry its rent to forestall possession of . . . We note that the landlord is entitled to a default for possession in accordance with section 83.232(5 . . .

PARK ADULT RESIDENTIAL FACILITY, INC. v. DAN DESIGNS, INC., 36 So. 3d 811 (Fla. Dist. Ct. App. 2010)

. . . Subsequently, the landlord moved for an immediate default and writ of possession under section 83.232 . . . On appeal, the landlord asserts that the trial court had no discretion under section 83.232(5) to deny . . . Section 83.232(5) provides: “Failure of the tenant to pay the rent into the court registry pursuant to . . . See § 83.232(1), Fla. Stat. (2009). . . . Id. § 83.232(5). . . .

STETSON MANAGEMENT CO. INC. d b a HMH LLC, v. FIDDLER S ELBOW, INC., 18 So. 3d 717 (Fla. Dist. Ct. App. 2009)

. . . Section 83.232, Florida Statutes (2008), governs rent payments into the court registry in an action by . . . Under the mandatory terms of section 83.232(5), the trial court had no discretion to stay the final judgment . . . n, 988 So.2d 666, 669-70 (Fla. 4th DCA 2008) (citing 214 Main Street and stating that under section 83.232 . . .

KOSOY KENDALL ASSOCIATES, LLC, a v. LOS LATINOS RESTAURANT INC. a f k a, 10 So. 3d 1168 (Fla. Dist. Ct. App. 2009)

. . . timely deposit a monthly rental payment into the registry as required by court order under section 83.232 . . . absolutely entitled to an ex parte, immediate default for a writ of possession of the premises by section 83.232 . . . The tenant did not tender a payment until February 5, 2009. . § 83.232(5), Fla. . . .

DREAM CLOSET, INC. a d b a v. PALM BEACH MALL, LLC, a L. P. a, 991 So. 2d 910 (Fla. Dist. Ct. App. 2008)

. . . The applicable statute is 83.232(1), Florida Statutes (2006), which provides: In an action by the landlord . . .

F. BLANDIN, v. BAY PORTE CONDOMINIUM ASSOCIATION, INC. M., 988 So. 2d 666 (Fla. Dist. Ct. App. 2008)

. . . These consolidated appeals present the question of whether section 83.232, Florida Statutes, allows a . . . determine the amount of the accrued rent that should be placed in the court registry pursuant to section 83.232 . . . Section 83.232, Florida Statutes, provides, in pertinent part: (1) In an action by the landlord which . . . The Second District responded: To answer this question we rely on the plain meaning of section" 83.232 . . . Smith, 698 So.2d 320 (Fla. 3d DCA 1997) (“Pursuant to the mandatory terms of section 83.232(5), ... the . . .

PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . . § 83.232(5), Fla. Stat. (2006) (emphasis supplied). . . .

INVEGO AUTO PARTS, INC. IB v. RODRIGUEZ,, 994 So. 2d 1143 (Fla. Dist. Ct. App. 2008)

. . . trial court did not abuse its discretion in requiring payments of rent into the registry under section 83.232 . . .

KEY LARGO WATERSPORTS, INC. a v. WHITEHURST FAMILY PARTNERSHIP,, 954 So. 2d 1278 (Fla. Dist. Ct. App. 2007)

. . . Apr. 17, 2007), and conclude that section 83.232(5) of the Florida Statutes governs the instant circumstances . . .

MAIN STREET CORP. a a v. TANKSLEY,, 947 So. 2d 490 (Fla. Dist. Ct. App. 2006)

. . . filed on November 3, 2005, their “Ex-Parte Motion for Default and Immediate Possession,” citing section 83.232 . . . Section 83.232 governs rent payments into the court registry in an action by a landlord of a nonresidential . . . judge was required to issue an immediate writ of possession pursuant the mandatory terms of section 83.232 . . . .2d 604 (Fla. 3d DCA 1996) (denying certiorari relief to tenant and upholding default under section 83.232 . . . United Growth Props., L.P., 648 So.2d 1241 (Fla. 5th DCA 1995) (interpreting section 83.232(5) as resulting . . .

VANCE REALTY GROUP, INC. v. PARK PLACE AT METROWEST, PHASES SIX AND SEVEN, LTD. a J., 909 So. 2d 516 (Fla. Dist. Ct. App. 2005)

. . . the hearing, Park Place also argued that, in the context of an action by the landlord under section 83.232 . . . Vance Realty’s counsel admitted that neither section 83.201 nor 83.232 applied and that the gist of the . . . court could have ordered Vance Realty to pay rent into the registry of the court pursuant to section 83.232 . . . Section 83.232 provides for rent to be paid into the registry of the court in "an action by the landlord . . .

CASCELLA, v. CANAVERAL PORT AUTHORITY,, 827 So. 2d 308 (Fla. Dist. Ct. App. 2002)

. . . Cascella appeals a non-final order of eviction issued pursuant to section 83.232(1), Florida Statutes . . . He argues that the trial court erred in evicting him under section 83.232(1) for failure to pay ad valorem . . . valorem taxes a part of the rent and that the CPA was entitled to the summary eviction remedy of section 83.232 . . . On appeal, Cascella contends that section 83.232 is limited to rental payments and does not apply to . . . been paid or deposited into the court registry, the entry of the order of eviction pursuant to section 83.232 . . .

MUVICO ENTERTAINMENT, L. L. C. v. POINTE ORLANDO DEVELOPMENT COMPANY,, 755 So. 2d 194 (Fla. Dist. Ct. App. 2000)

. . . We note, however, that subsection 83.232(2), Florida Statutes (1999), specifically provides that if the . . . to this action since that is a matter to be resolved at trial and not in proceedings under section 83.232 . . .

CITY OF MIAMI, v. SMITH,, 698 So. 2d 320 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to the mandatory terms of section 83.232(5), Florida Statutes (1995), the county court judge . . .

COURTHOUSE TOWER, LTD. v. MANZINI ASSOCIATES,, 683 So. 2d 215 (Fla. Dist. Ct. App. 1996)

. . . for certiorari as an application for mandamus, we find that the trial judge is required by section 83.232 . . .

CHARTIER, v. J. SHERMAN,, 672 So. 2d 604 (Fla. Dist. Ct. App. 1996)

. . . a suit for possession brought by Sherman, the landlord, he moved for payment of rent pursuant to § 83.232 . . . of the stipulated agreement and, after notice, the trial court entered a default as permitted by § 83.232 . . .

PREMICI d b a v. UNITED GROWTH PROPERTIES, L. P., 648 So. 2d 1241 (Fla. Dist. Ct. App. 1995)

. . . In that motion, United requested that, pursuant to section 83.232, Florida Statutes (1993), the court . . . The key issue in this appeal concerns the interpretation of section 83.232, Florida Statutes, a new procedure . . . governing commercial tenancies, enacted in 1993; 83.232. . . . Reading the language of section 83.232 in context, especially in light of its legislative history, it . . .

REWJB GAS INVESTMENTS, a F. S. REWJB REWJB v. C STORE REALTY, LTD. a By C STORE MANAGEMENT CORPORATION,, 647 So. 2d 998 (Fla. Dist. Ct. App. 1994)

. . . See §§ 83.06; 83.232, Fla.Stat. (1993). . . . In any event, section 83.232 applies only to causes of action arising on or after October 1, 1993. . . .