1560-1568 Drexel Avenue, LLC v. Dalton
In a residential eviction, the trial court excused the tenant from section 83.60(2)'s rent-into-registry requirement based on COVID-19 executive orders and then refused to enter a default for possession while the tenant's motion to dismiss remained pending. The Third DCA reversed, holding section 83.60(2) is mandatory and its only exception is a defense of payment, and directed the trial court to determine rent within five days, after which the tenant has five business days to deposit all accrued and accruing rent or face immediate default judgment of possession and a writ of possession.
Key facts
- Landlord sued to evict residential tenant for non-payment of rent; tenant interposed defenses other than payment without depositing accrued and accruing rent into the court registry as required by section 83.60(2).
- Trial court excused the tenant from the registry-deposit requirement based on COVID-19 executive orders and refused to enter default judgment for possession while tenant's motion to dismiss remained pending.
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Why it matters
Landlord-tenant practitioners get a forceful post-COVID reaffirmation that section 83.60(2)'s registry-deposit requirement is mandatory and that trial courts may not use pending tenant motions, counterclaims, or… — full analysis with a trial
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