Axen v. POAH Cutler Manor, LLC
In a summary eviction action premised on a lease violation, the tenant deposited rent into the court registry and filed a motion to determine rent under section 83.60(2), which the trial court never ruled on before entering final judgment of possession for nonpayment of registry rent. The Third DCA vacated, holding that an undisposed-of motion to determine rent precludes entry of a final judgment of possession based on nonpayment, and remanded for a prompt hearing on the motion.
Key facts
- Tenant in a summary eviction action for lease violation deposited rent into the court registry and filed a motion to determine rent under section 83.60(2), which the trial court did not rule on before entering final judgment of possession for nonpayment of registry rent.
- The trial court granted a motion for possession without addressing the tenant's pending motion to determine rent, and entered a final judgment based on the tenant's failure to deposit rent during the pendency of the action.
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Why it matters
Landlord-tenant practitioners get a clear rule that the 'pay or be defaulted' registry requirement of section 83.60(2) cannot be enforced while a motion to determine rent sits unresolved, even in evictions not based on… — full analysis with a trial
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