YOLANDA RAMIREZ,
v.
MILTON RAUL LOPEZ AND JENNIFER COBA,
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A trial court must hold an evidentiary hearing to resolve a tenant's motion to determine rent before entering a final judgment of eviction in a landlord-tenant dispute.
[1] In a landlord-tenant eviction action, a trial court must hold an evidentiary hearing to resolve a tenant's pending motion to determine the amount of rent to be deposited…
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Join FLexlaw to unlock all legal intelligence“the tenant's motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment.”
Citation to Prince v. MCR Apts. 1, LLC establishing that unresolved motions to determine rent prevent entry of final judgment.
In a landlord-tenant eviction dispute in Miami-Dade County, the trial court entered a final judgment of eviction without holding a hearing on the tena…
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PER CURIAM.
Upon review of the record before us, we reverse the final judgment of eviction in this landlord-tenant dispute because the trial court should have set Tenant’s motion to determine rent for an evidentiary hearing to resolve the disputed issue of how much rent Tenant should have deposited into the court registry.
See Jappa v. Master Lessee Mezzo, LLC, 346 So. 3d 222, 224 (Fla. 2d DCA 2022) (holding that the trial court erred by entering a default final judgment without holding a hearing to resolve a dispute over the amount of accrued rent the tenant had to pay into the court registry); Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800, 801 (Fla. 3d DCA 2021) (holding that the trial court erred by entering final judgment without addressing the tenant’s pending motion to determine rent); Prince v. MCR Apts. 1, LLC, 326 So. 3d 228, 228(Fla. 3d DCA 2021) (“[W]e conclude the tenant’s motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment.” (citing Axen, 323 So. 3d at 801)).
Reversed and remanded.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Artheisha Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800 (Fla. 3d DCA 2021)
- Jappa v. Master Lessee Mezzo, LLC, 346 So. 3d 222 (Fla. 2d DCA 2022)