Florida/Georgia Personal Injury & Workers Compensation

...231, and in the Women's Benefit Ass'n case, there were reports of the emergency conditions to document the legislative history and intended effect of the constitutional amendment at issue. 121 Fla. at 765-66, 164 So. at 858 (Buford, J., dissenting). [46] § 83.60(2), Fla....

...ecified date. Form 1.921 is amended to comply with amendments to rules 1.351 and 1.410. Forms 1.922(a) and (b) are amended and forms 1.922(c) and (d) are added to comply with the amendments rules 1.351 and 1.410. Form 1.923 is amended to comply with section 83.60, Florida Statutes (1995), as amended in 1993, regarding actions for rent or possession....

...residence. Committee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993....

...duty to comply with applicable housing standards and housing codes, and breach of the duty of good faith in performance of the lease agreement. The landlord moved to require the tenants to deposit the rent into the registry of the court pursuant to section 83.60(2), Florida Statutes (1981)....

...Therefore, we conclude that the trial court correctly refused to permit the tenants to appear as representatives of a class. The next question is whether the trial court correctly issued the writs of possession. Resolution of this issue requires a consideration of section 83.60, Florida Statutes (1981): Remedies; defenses to action for rent or possession; procedure....

...immediate default. Tenants Smith and Lang contend that they were entitled to stay in their apartments without paying rent and without depositing the rent into the registry of the court. The tenants argue that the requirement of a rent deposit under section 83.60 applies only to an action for possession and that it does not apply here because the action for possession was coupled with counterclaims for injunctive relief and damages....

...Freedman deposited a new check into the registry of the court prior to the hearing on the motion for default. However, the trial court granted the motion for default and then entered final judgment for the Geigers. In so doing, the trial court had apparently relied on section 83.60(2)....

...We have reviewed the evidence and conclude that it fails to rise to this level. Therefore, the court should have granted the landlord's motion to set aside the verdicts on punitive damages. AFFIRMED in part, REVERSED in part. DAUKSCH and COBB, JJ., concur. NOTES [1] See § 83.60(1), Fla.Stats....

...Colvin's counsel argued at trial and on appeal that Colvin had no opportunity to present evidence in the state court eviction proceeding because she had not paid into the court the disputed rent payments. However, Colvin's counsel misreads Florida law. Under Florida Statutes § 83.60, if the tenant raises any defense other than payment, that tenant shall pay into the court the accrued rent....

...The County next contends that Ross waived his right to equitable relief under Florida's anti-forfeiture doctrine because he did not comply with the requirement that a tenant pay all rent arrearages and accrued interest into the court registry. Florida's anti-forfeiture doctrine is codified at Section 83.60, Florida Statutes. Section 83.60 provides in relevant part as follows: (2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the registry of the court the accrued rent as a...

...entitled to an immediate default without further notice or hearing thereon. (emphasis added). If Ross's Chapter 13 Plan satisfies the payment provision of the statute, then payment into the court registry would not be required. In one case involving Section 83.60's requirement of payment into the registry, the court upheld writs of possession against tenants who refused to pay rent because of the landlord's failure to maintain the premises. K.D. Lewis Enterprises Corp. v. Smith, 445 So.2d 1032 (Fla. 5th DCA 1984). The tenants argued that they were entitled to stay in their apartments without paying rent and without depositing rent into the court registry because the section 83.60's deposit requirement applied only to actions for possession, not counterclaims for injunctive relief and damages....

...This landlord-tenant dispute comes to us on the following certified question from the County Court for Broward County. WHETHER A TENANT CLAIMING A DEFECTIVE OR NON-EXISTENT THREE-DAY NOTICE IN A RESIDENTIAL EVICTION IS REQUIRED TO TENDER UNDISPUTED RENT INTO THE COURT REGISTRY AS SET FORTH IN FLORIDA STATUTE § 83.60(2) IN ORDER TO DEFEND THE ACTION BASED ON THE DEFECTIVE OR NON-EXISTENT THREE-DAY NOTICE....

...and for the attached notice of "demand for payment or possession." [1] The tenant filed a timely motion to dismiss, or in the alternative, motion to determine rent, but did not *673 deposit the undisputed rent into the court registry as required by section 83.60(2), Florida Statutes (2009)....

...The landlord responds that the deposit of rent into the court registry is a prerequisite to any defense other than payment. We find the statute's plain language answers the question. We agree with the landlord and affirm the decision of the county court. Section 83.60(2), Florida Statutes (2009), defines the tenant's responsibilities in a suit with the landlord....

...amount of rent to be paid ... constitutes an absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant ... to issue without further notice or hearing thereon. § 83.60(2), Fla....

...uld be entitled to a writ of possession. Because no similar order was entered prior to consolidation of the Staples Avenue action (the action involving the lease to Davila and Bogoeff), King sought in the consolidated action, to mandate, pursuant to section 83.60, Florida Statutes(2002), either payment of rent relating to that property into the court registry or entry of default and a writ of possession. That request was denied and is the subject of this appeal. Section 83.60(2), without equivocation, provides: In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the registry of the court the accrued rent as alleged...

...nt claiming their landlord had failed to maintain the premises. The tenants argued that they were entitled to stay in their apartments without paying rent and without depositing rent into the court registry because the deposit requirement imposed by section 83.60 applied only to actions for possession, not to actions involving counterclaims for injunctive *1191 relief and damages....

...court stated: [C]ounsel for the tenants candidly conceded that had the tenants' suit proved to be without merit, a judgment for rent owed would have been valueless because they were "judgment proof." We believe the Legislature anticipated such an eventuality in drafting the statute [section 83.60]....

...We see no more reason to expect a landlord to continue furnishing housing without rent than to expect an oil supplier to continue furnishing oil without payment during a period of litigation. Id. at 1035. We find the same analysis applicable to the instant dispute. [2] In accordance with section 83.60, the landlord in this case was entitled to payment of rent either directly or into the court registry, and on the tenants' failure to do so, the landlord was entitled to a default and a writ of possession....

...court, conclude that our earlier decision in Freedman v. Geiger, 314 So.2d 189 (Fla. 3d DCA 1975), poses no conflict with this analysis. In Freedman, we concluded that granting a default in a landlord's favor was error in an action not solely for relief under section 83.60. But as the K.D. court observed, the tenants in Freedman were in substantial compliance with section 83.60 because they had not only made court-ordered rent payments but also had deposited additional sums into the registry prior to the hearing on the landlord's motion for default....

...residence. Committee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993....

...As to residential tenants, the Florida Residential Landlord and Tenant Act (Chapter 73-330, Laws of Florida, creating Section 83.40, et seq., Florida Statutes) explicitly authorizes such tenants to raise all legal and equitable defenses to actions brought by a landlord for possession of a dwelling. See Section 83.60(1), Florida Statutes....

...If, however, the tenant raises any defense other than payment, he is required to pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and all rent accruing during the pendency of the proceeding, when due. Section 83.60(2)....

...The defenses available to a nonresidential tenant are clearly not coextensive with those provided the residential tenant under part II of Chapter 83, such as assertions relating to the residential landlord's material noncompliance with the obligations imposed upon him by section 83.51. See section 83.60(1)....

...There is no counterpart under part one of Chapter 83, as there is in part two thereof, or as in Chapter 723, directing the tenant to pay into the registry of the court the accrued rent as alleged in the complaint, and all rent accruing during the pendency of the proceeding, when due. See sections 83.60(2) and 723.063(2)....

...The County Court should give petitioner a hearing on the merits of his rule 1.540(b) motion and decide whether petitioner has shown any basis for relief from the default. In so doing, the County Court is free to address the issue in the first instance as to the correct interpretation of § 83.60(2), Fla....

...a violation of clearly established principle of law resulting in a miscarriage of justice). [3] See also Broward County v. G.B.V. Intern. Ltd., 787 So.2d 838 (Fla.2001); Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla.2000). [4] See § 83.60(2), Fla....

...law governing landlords and tenants. For a tenant to contest an eviction action, any defense other than payment requires the tenant to deposit accrued rent and any rent which accrues during the pendency of the proceeding into the court registry. See § 83.60(2), Fla....

...However, the trial court granted the motion for default and thereafter entered final judgment for the Geigers, leaving open the issue of damages but, in effect, precluding specific performance of Freedman's option to purchase the home under the terms of the option in the lease. Apparently the trial court relied on § 83.60(2), Fla....

...Respondent filed suit to evict petitioner for non-payment of rent. Petitioner answered and raised several defenses alleging violations of the Landlord And Tenant Act. However, petitioner failed to deposit the disputed accrued rent into the registry of the court as required by section 83.60(2), Florida Statutes (1979)....

...In the first point, petitioner contended that the county court erred in failing to entertain one of petitioner's defenses which involved petitioner's interpretation of section 83.56(5), Florida Statutes (1979). In the second point, petitioner contended, for the first time, that section 83.60(2), Florida Statutes (1979) denies access to the courts and is therefore unconstitutional....

...*646 Tabas, Freedman, Soloff & Miller, and Robert Miller, Joel L. Tabas and Stacey F. Soloff, Miami, for appellee. Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. SHEPHERD, J. Dalia Minalla appeals an interlocutory order granting Equinamics Corp.'s motion for payment of rent pursuant to section 83.60(2) of the Florida Residential Landlord Tenant Act....

...§§ 83.40-83.682, Fla. Stat. (2005). [1] Because there is a substantial, unresolved question in this case concerning whether Equinamics is an owner or landlord entitled to invoke the benefit of the statute, we reverse the order requiring payment of rent by Minalla. Section 83.60(2), Florida Statutes (2005) provides: In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the registry of the court the accrued rent as alleg...

...Failure of the tenant to pay the rent into the registry . . . constitutes an absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. 83.60(2), Fla....

...If this is accurate, then Equinamics is not an owner of Minalla's residence but rather a lender who must proceed to oust Minalla via a foreclosure action. In addition, Equinamics has no right to insist on payments of "rent" into the court registry under section 83.60(2) of the Florida Residential Landlord Tenant Act....

...rported option. Id. Without conducting an evidentiary hearing on this dispute, the trial court ordered the Freys to put the disputed past due "rent" in the registry of the court or face an order of eviction. Id. The court of appeal reversed stating: Section 83.60(2), Florida Statutes, requires payment of rent into the registry of the court in residential landlord tenant disputes under Part II of Chapter 83. 83.60, Fla. Stat. (1999). However, section 83.60 does not apply when the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part....

...Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute. Rather, their claim is based on their rights under a contract for sale. The resolution of this factual dispute would determine whether section 83.60 is applicable....

...Grimm appeal a default final judgment of eviction in favor of John R. Parker, Jr., and Misti G. Parker, and their predecessor in title, Gail Huckabee, appellees. Appellants argue that the trial court erred in evicting them from their dwelling pursuant to the summary proceedings of section 83.60(2), Florida Statutes (2003), when appellants were occupying the dwelling under a contract for purchase and sale with an agreement that provided for a right of occupancy by them pending closing. Because the trial court erred in ordering eviction under section 83.60(2) without conducting an evidentiary hearing to resolve factual disputes concerning the basis of appellants' right of occupancy and the payment of rent for March 2004, we reverse and remand for further proceedings....

...[2] Pursuant to the court's order, appellants deposited $7,650 into the registry of the court. On March 12, 2004, asserting that appellants were late in paying the holdover rent for March 2004, the Parkers filed a motion for default judgment of possession of property under section 83.60, which the trial court granted on March 15, 2004....

...the Florida Residential Landlord and Tenant Act, could not be invoked to evict them from the subject property. [3] Further, they *610 submit, under the facts here, it was error to require them to pay money into the registry of the court pursuant to section 83.60(2), to require them to pay double holdover rent under section 83.06(1), or to evict them pursuant to section 83.60(2) given the dispute as to whether the March 2004 rent was paid late....

...y in an eviction proceeding without holding an evidentiary hearing to determine whether they were tenants or occupied the property under a residential sales contract. See Frey v. Livecchi, 852 So.2d 896 (Fla. 4th DCA 2003). The Frey court explained: Section 83.60(2), Florida Statutes, requires payment of rent into the registry of the court in residential landlord tenant disputes under Part II of Chapter 83. § 83.60, Fla. Stat. (1999). However, section 83.60 does not apply when the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part....

...Stat. (1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute. Rather, their claim is based on their rights under a contract for sale. The resolution of this factual dispute would determine whether section 83.60 is applicable....

...Huckabee appeared for the scheduled closing or has been willing to convey the property. In the circumstances the Grimms allege, I agree that section 83.42(2), Florida Statutes (2003), renders the Florida Residential Landlord and Tenant Act, including section 83.60, Florida Statutes (2003), inapplicable....

...vecchi's motion and ordered the Freys to put money into the court registry within ten days to avoid a default final judgment for eviction. Upon the Freys' failure to pay the money into the registry, the court entered a default judgment for eviction. Section 83.60(2), Florida Statutes, requires payment of rent into the registry of the court in residential landlord tenant disputes under Part II of Chapter 83. § 83.60, Fla. Stat. (1999). However, section 83.60 does not apply when the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part....

...(1999). The Freys claim that this provision is inapplicable because they were not tenants under the statute. Rather, their claim is based *898 on their rights under a contract for sale. The resolution of this factual dispute would determine whether section 83.60 is applicable....

...We reverse and remand, concluding that the trial court must first decide a threshold evidentiary matter: were the conditions precedent to the commencement of the term of the lease satisfied (or waived), such that RSG had a duty to make monthly payments of rent into the registry of the court to protect its rights under section 83.60(2), Florida Statutes (2012)? The Lease and the Lawsuits At the end of January 2012, Mr....

...it was not timely made.” Id. at 812 ). But again, the case at hand was not such a case. The county court did not find: that the conditions precedent were satisfied or waived; that the lease had commenced; that RSG had ever been in possession; that section 83.60(2) applied; that there was in fact any “accrued rent” payable within the meaning of that subsection; or that the consequence of a late deposit into the registry would be a default judgment of eviction and immediate possession *1190 without notice or a hearing. Instead, the accrual of rent and the applicability of section 83.60(2) turned on the preliminary determination regarding the conditions precedent....

...The preliminary question before the trial court in that case was whether the defendants’ occupancy was pursuant to a contract for sale or a month-to-month tenancy. In an eviction action filed by the property owner, the court directed the Freys to pay rent into the registry. The Fourth District reversed, holding that section 83.60(2) would not apply if the Freys occupied the premises under a contract for sale. The court held: The resolution of this factual dispute [contract for sale versus tenancy] would determine whether section 83.60 is applicable....

...nt has ever taken possession of the premises under the lease, those issues should be determined before an order is entered for the deposit of monthly rent into the court registry (and thus before any order for default and possession is entered under section 83.60(2))....

...e 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.” (emphasis added) (quoting § 83.60(2), Fla. Stat. (2022))); 1560-1568 Drexel Ave., LLC v. Dalton, 320 So. 3d 965, 969 (Fla. 3d DCA 2021) (“Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues...

reverse the default judgment entered below under section 83.60(2), Florida Statutes (2000), because the appellants

...Fourth, Landlord argues that K.D. Lewis Enterprises Corp. v. Smith, 445 So. 2d 1032 (Fla. 5th DCA 1984), forecloses Tenant’s argument, but we think Landlord overreads our precedent. In K.D., we analyzed the parallel statute for residential tenancies, § 83.60(2), Fla....

...judgment entered in favor of Master Lessee Mezzo, LLC d/b/a Mezzo of Tampa Palms Apartments (Mezzo) in Mezzo's eviction action. Jappa raises several arguments on appeal, but we find merit in only one. Jappa was entitled to a hearing pursuant to section 83.60(2), Florida Statutes (2020), and the trial court's failure to conduct such hearing requires us to reverse. At the time the eviction action was filed, Jappa was on a month-to-month tenancy....

...recover possession of the apartment as well as double the amount of monthly rent while Jappa refused to vacate it. See §§ 83.58, .59. However, when a landlord seeks to enforce its statutory rights, certain due process requirements must be met. Specifically, section 83.60(2) provides that where a tenant raises any defense besides payment, including but not limited to the defense of a defective notice, the tenant must pay into the registry of the court the accrued rent as alleged in the complaint and...

...judgment without holding a hearing to resolve the disputed issues. See Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800, 801 (Fla. 3d DCA 2021) (holding that where trial court failed to dispose of pending motion to determine rent, which had been timely filed pursuant to section 83.60(2), final judgment for eviction was erroneously entered); see also Prince v....

...012(2)(c), Florida Statutes (1979), gives the circuit courts exclusive jurisdiction over all cases in equity. Furthermore, Section 86.-011, Florida Statutes (1979), specifically vests jurisdiction over declaratory actions in the circuit court. While Section 83.60, Florida Statutes (1979), does permit the raising of equitable defenses to certain landlord possessory actions, there is no such action yet pending....

...residence. Committee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993....

...Dade County, Chiaka Ihekwaba, Judge. Courtney B. Bouillon (Orlando), for appellants. James I. Barron, III P.A., and James I. Barron III (Orlando), for appellee. Before LINDSEY, GORDO, and BOKOR, JJ. PER CURIAM.  Affirmed. See § 83.60(2), Fla....

find that the order of default was improper.1 Section 83.-60, Florida Statutes (1989), provides that: (2)

the summary eviction procedure established in section 83.60, Florida Statutes (2024). On September 5, 2024

...after the date when payment or possession was demanded. The tenant’s answer included a motion to dismiss, attacking the three-day notice. Also, the tenant alleged that the landlord failed to comply with a seven-day repair demand letter pursuant to section 83.60(1). Along with her answer, the tenant posted $960 in withheld rent into the registry of the court and moved the court to determine how much she needed to deposit into the court registry under section 83.60(2), Florida Statutes (2011)....

...Writ of certiorari granted, the circuit court’s appellate opinion is quashed, and the case is returned to the circuit court for further proceedings consistent with this opinion. LEVINE and KLINGENSMITH, JJ„ concur. . We note that effective July 1, 2013, section 83.60(1)(a), Florida Statutes (2013), provides that the "landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” See Ch....

...t Judgment of Possession. 1 Because the tenant’s defenses to the instant eviction action are not based on payment of rent, we reverse the challenged order and remand for the trial court to conduct an emergency hearing requiring compliance with section 83.60(2) of the Florida Statutes....

...h a writ of possession to issue without further notice or hearing thereon. If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. § 83.60(2), Fla....

...ant removed from the property. After being served with the complaint, Tenant, through counsel, filed an omnibus submission containing an answer and affirmative defenses, a motion to dismiss the complaint, a counterclaim, and, pursuant to section 83.60(2), a motion to determine rent....

...been suspended. Tenant does not assert, however, as an affirmative defense or otherwise, that he has paid the rent alleged to be due. In his motion to determine rent, Tenant asserted that, pursuant to the Executive Order, the rent-posting requirement of section 83.60(2) should not be imposed upon him in this proceeding because he has been adversely 5 Governor Ron DeSantis issued the Executive Order on July 29, 2020. Section 2 of the Executive Order provides, in relevant part: A....

...Nothing in this Executive Order shall be construed to suspend or otherwise affect eviction proceedings unrelated to non- payment of rent. (Emphasis added). 5 affected by COVID-19. That is, Tenant claimed that he was not subject to section 83.60(2)’s mandate that, to avoid an immediate default judgment for removal and the entry of a writ of possession, he pay into the registry of the court the accrued rent, either (i) as alleged in the complaint, or (ii) as determined by t...

...earing on Tenant’s motion to determine rent, and thereafter entered an August 22, 2020 non- final order concluding that, because Tenant was adversely affected by COVID-19, Tenant was not required to comply with the rent-posting requirements of section 83.60(2)....

...The Executive Order expired at 12:01 a.m., on October 1, 2020. Subsequently, Landlord filed an October 22, 2020 motion (“October 22 motion”) seeking an order requiring Tenant to pay rent into the court registry during the pendency of the proceedings as required by section 83.60(2)....

...With its October 22 motion still pending, Landlord filed its December 16, 2020 Motion for Default Judgment of Possession (“December 16 motion”) asserting that, because Tenant had not posted any rents into the registry of the court as required by section 83.60(2), Landlord was entitled to an immediate default judgment for removal and a writ of possession....

...concluding that, because Tenant’s motion to dismiss Landlord’s eviction complaint is still pending, it would constitute a deprivation of due process for the trial court to enter a default judgment for removal against Tenant, notwithstanding the mandates of section 83.60(2)....

...expired, 8 and after the trial court determined that the CDC moratorium was inapplicable, in order to avoid absolute waiver of his defenses and an entry of an immediate default judgment for removal, Tenant was required to pay rent as required by section 83.60(2). Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues during the case’s pendency....

...defenses and counterclaims.”). To ensure compliance with the statute, it was incumbent upon the trial court to adjudicate Landlord’s October 22 motion as soon as practicable. The trial court should have determined the amount of rent due, and, consistent with section 83.60(2), entered an order forthwith, requiring Tenant to pay all 10 accrued past-due rent 9 as well as ongoing rent....

...n consistent with the dictates of this opinion. 11 Tenant shall then have five days (excluding Saturdays, Sundays, and legal holidays) to pay into the court registry all accrued past-due rent as well as ongoing rent, failing which, as provided by section 83.60(2), Landlord will be entitled to an immediate default judgment for removal of Tenant with a writ of possession to issue without further notice or hearing. This opinion shall take effect immediately, notwithstanding the filing o...

...The appellate record contains no order on that motion. Without conducting a hearing, the court entered default against Appellant for her failure to deposit the money due for rent into the court registry after filing an answer alleging a defense other than payment. In its order, the court cited to section 83.60(2), Florida Statutes, a section which is applicable to residential tenancies....

rents into the court registry as required by section 83.60(2). FYES then alleged that, in response, FYES

PER CURIAM. Section 83.60(2), Florida Statutes (1985), which requires a tenant asserting a right to

...The tenant also brought a counterclaim alleging, among other claims, breach of the lease agreement. Subsequently, on October 31, 2022, the tenant timely moved to determine rent. On November 2, the landlord moved for a default final judgment of eviction, citing section 83.60(2), Florida Statutes (2022), and asserting that the tenant had filed a responsive pleading but “failed to plead any legal defenses to the failure to timely pay rent.” Also that day, the tenant moved to strike the landlord’s motion...

...On appeal, the tenant argues that the trial court erred in entering a default judgment without holding an evidentiary hearing on his motion to determine rent. We agree. The landlord brought a suit for possession, pursuant to section 83.59, Florida Statutes (2022). Section 83.60 provides that a defendant in a suit for possession for nonpayment of rent “may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable . . . including the defense of retaliatory conduct in accordance with 83.64.” § 83.60(1)(a), Fla....

...t of possession to issue without further notice or hearing thereon. If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required . . . . § 83.60(2), Fla. Stat. (2022). “Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues during the case’s pendency.” 1560-1568 Drexel Ave., LLC v....

...3d at 969; see also Stanley v. Quest Int’l. Inv., Inc., 50 So. 3d 672, 674 (Fla. 4th DCA 2010) (“The tenant is required to deposit the disputed rent into the court registry to assert any defense other than payment.”). [T]o give effect to [section 83.60(2)], when a tenant facing eviction raises any defenses to an eviction (other than payment of rent), and files a motion seeking a determination of rent due, the trial court is required to make that rent determinat...

...3d at 801 (holding that “the undisposed-of motion to determine rent precluded” judgment based on nonpayment). The eviction judgment and the trial court’s “review notes” reflect that the trial court based the eviction judgment on the ground that the tenant failed to raise any “legal defense.” 2 But section 83.60(2), on which the 1 We recognize that form 1.923, governing eviction summonses, instructs a tenant to attach documentation to a motion to determine rent and thereafter contact the assigned judge for a hearing. But that requirement is not found in section 83.60(2) and we are without authority to expand the statutory requirement....

...After Tenants failed to pay or vacate, Landlord sued for eviction. Tenants answered, admitting that they owed some rent but disputing the amount owed. Along with their answer, Tenants moved to determine rent, attaching supporting documentation. See § 83.60(2), Fla....

...Tenants moved for reconsideration, arguing that they were entitled to a hearing on their motion before the trial court defaulted them. The trial court denied Tenants’ rehearing motion in an unelaborated order and subsequently entered final default judgment in Landlord’s favor. Section 83.60(2)’s requirements are at issue, and we review de novo matters of statutory interpretation....

...Quest Int’l Inv., Inc., 50 So. 3d 672, 673 (Fla. 4th DCA 2010) (citing E.A.R. v. State, 4 So. 3d 614, 629 (Fla. 2009)). Tenants defending an action for possession based on nonpayment of rent may raise any legal or equitable defense. See § 83.60(1)(a). But if tenants raise any defense other than payment, they must deposit 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.” § 83.60(2)....

...Hearne, for appellant. Alvarez, Feltman, Da Silva & Costa, P.L., and Paul B. Feltman, for appellee. Before FERNANDEZ, LINDSEY and BOKOR, JJ. BOKOR, J.  In a summary eviction proceeding, including an eviction for something other than nonpayment of rent, section 83.60(2), Florida Statutes, mandates that within five business days of service of process, a tenant must pay accrued rent into the court registry or file a motion to determine rent....

...Although the underlying complaint sought summary eviction based on a purported lease violation, not nonpayment of rent, the October 8, 2019, verified motion for final judgment sought possession based on Axen’s failure to continue to deposit rent into the court registry under section 83.60(2). Axen responded to the motion for final judgment the next day, again requesting a determination of rent due....

...However, this general rule must be read in the context of the entire statute. The pertinent language requires “the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid . . . .” §83.60(2), Fla....

...The Tenant’s timely appeal followed. Analysis The Tenant argues the trial court erred by (1) entering the order to deposit rent without first conducting an evidentiary hearing on her motion to determine rent filed under section 83.60(2), Florida Statutes, and (2) striking the Tenant’s answer and entering a default after the Tenant filed a timely answer and valid affirmative defenses. We conclude that the Tenant’s arguments have merit. “Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues during the case’s pendency.” 1560-1568 Drexel Ave., LLC v....

...lease agreement. We reverse. Only after the lessor sent a three-day notice pursuant to Section 83.20(2), Florida Statutes (1985) did the tenant make a complaint in writing which would meet the condition precedent to urging constructive eviction. See Section 83.60(1), Florida Statutes (1985)....

...on action, appeals the county court’s order denying her motion for immediate possession of property which was filed after the holdover tenants failed to pay rent into the court registry or timely move to determine the amount of rent as required by section 83.60(2), Florida Statutes (2023)....

...ut further hearing. The trial court exercises no discretion, and the landlord is entitled to the issuance of the writ of possession as a matter of right.” Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37, 39 (Fla. 4th DCA 2010); see also § 83.60(2), Fla....

...nge & Liquor Store, LLC, had failed to pay two months of rent. The tenant answered, claiming that under the terms of the parties’ lease agreement no rent was due, and asserting a counterclaim for breach of contract. The tenant also moved under section 83.60(2), Florida Statutes (2021), for the trial court to determine the amount of rent to be deposited into the court registry....

...The court granted partial summary judgment determining that the transaction was a sale and leaseback and that the Bernsteins had knowingly entered into the transaction. As the lease was valid, the court ordered the Bernsteins to deposit the unpaid rent into the registry of the court, as required by section 83.60(2), Florida Statutes....

...We disagree. Discussion A tenant's statutory obligation to place rent into the court registry arises within the context of “an action by the landlord for possession of a dwelling unit” where the “tenant interposes any defense other than payment.” § 83.60(2), Fla....

...rt of the allegation that the rent as alleged in the complaint is in error is required. . . . (Emphasis added). As stated in 1560-1568 Drexel Ave., LLC v. Dalton, No. 3D21-1115, 2021 WL 2149752, at *3 (Fla. 3d DCA May 27, 2021): Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues during the case's pendency....

...She was thus obligated to pay the rent into the court registry or file a motion to ask the court to determine the amount of rent to be paid into the court registry. See id.; First Hanover v. Vazquez, 848 So. 2d 1188, 1191 (Fla. 1st DCA 2003) (holding, in accord with section 83.60, the landlord was entitled to payment of rent either directly or into the court registry, and on the tenants' failure to do so, the landlord was entitled to a default and a writ of possession)....

...ice of process of the complaint. Her request to determine the amount of rent was filed six days after service. The statute is unforgiving, and failure to timely file “constitutes an absolute waiver of the tenant’s defenses other than payment.” § 83.60(2), Fla....

...within five days of the date of service of process of the complaint. Her request to determine the amount of rent was filed six days after service. The statute is unforgiving, and failure to timely file “constitutes an absolute waiver of the tenant’s defenses other than payment.” § 83.60(2), Fla....

PER CURIAM. Affirmed. See § 83.60(2), Fla....

...to pay rent. Petitioner interposed various defenses and prayed for judgment in her favor, attorney’s fees, costs and “such other relief as the Court deems proper.” Ultimately, a default was entered against petitioner for failure to comply with section 83.60(2), Florida Statutes (1985)....

...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.” § 83.60(2), Fla....

...Appellee. An Appeal from the County Court for Miami-Dade County, Gordon Murray, Judge. Bridge Golde, in proper person. No appearance for appellee. Before EMAS, MILLER and LOBREE, JJ. PER CURIAM.  Affirmed. See § 83.60(2), Fla....

...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”) (Emphasis added); 1560-1568 Drexel Ave., LLC v. Dalton, 320 So. 3d 965, 969 (Fla. 3d DCA 2021) (“Section 83.60(2) is not discretionary; it compels a tenant defending against an eviction to pay into the court registry either (i) the amount of rent alleged to be due, or (ii) the amount of rent determined by the court, plus all rent that accrues during the case's pendency”) (citing First Hanover v....

...Colby argues on appeal that because she interposed payment as a defense, the trial court was required to conduct an evidentiary hearing before granting default. We agree. This Court reviews de novo issues requiring statutory interpretation. E.A.R. v. State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part, Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding...

...Opinion filed August 2, 2022 Appeal from the County Court for Brevard County, Michelle Vitt Baker, Judge. Christopher Gary Baylor, Titusville, pro se. Luis D. Carreja, of Watson, Soileau, DeLeo & Burgett, P.A., Cocoa, for Appellee. PER CURIAM. AFFIRMED. See § 83.60(2), Fla....

...complaint, where the trial court ruled in Russo’s favor by granting her request to evict the Kites from the subject property. Russo argues that the trial court should not have ordered eviction before ruling on the Kites’ motion to determine rent. See § 83.60(2), Fla. Stat....

...Murray, Judge. Legal Services of Greater Miami, and Yesenia Arocha and Jeffrey M. Hearne, for appellant. The AJM Law Group, P.A., and Alix J. Montes, for appellee. Before FERNANDEZ, SCALES and GOODEN, JJ. PER CURIAM.  Affirmed. See § 83.60(2), Fla....

rent, attaching supporting documentation. See § 83.60(2), Fla. Stat. (2022). Lender then moved

...1 We are aware of no provision of the Condominium Act, Chapter 718, Florida Statutes (2017), or the underlying condominium documents in this case, that would allow a unit owner to deposit a disputed assessment with the registry of the court. Compare § 83.60(2), Florida Statutes (2017) (allowing a tenant to post rent into the registry of the court pending final judgment in an eviction case). -2- The trial court again stated, “I don’t think there’s anything to enjoin right now....

...One hour later, the court entered a final judgment of eviction and order to disburse the funds held in the court registry. The controlling statute allows a tenant to assert defenses to an eviction action and, if defenses are asserted, requires the tenant to pay the amount of rent at issue into the registry of the court. § 83.60(2), Fla....

...ittee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993. - 25 - FORM 1.984....

232, Fla. Stat. (2018) (commercial tenancies); § 83.60(2), Fla. Stat. (2018) (residential tenancies).