SHANNON ROSE
v.
THE GALLERY ON THE RIVER, LLC, ETC.
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A tenant defending against an eviction action on grounds other than payment must pay into the court registry the accrued rent and rent accruing during the proceeding, which is a mandatory, nondiscretionary requirement.
[1] In an action by a landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant must pay into the court registry the acc…
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Join FLexlaw to unlock all legal intelligence“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.”
Court's citation to 1560-1568 Drexel Ave., LLC v. Dalton establishing the mandatory nature of rent payment requirement
Shannon Rose appealed a judgment in a possessory action brought by The Gallery on the River, LLC against her in Miami-Dade County Court.…
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PER CURIAM.
Affirmed. See Lazow v. Synamon Real Estate, LLC, 365 So. 3d 462 (Fla. 3d DCA 2023) (holding that default final judgment of possession is nonfinal appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) as one that determines right to immediate possession of property); see also Golde v. Santana, No. 3D23-469, 2023 WL 5597393 (Fla. 3d DCA Aug. 30, 2023) (“In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not 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.” (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 during the case’s pendency.”).
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Rose v. The Gallery on the River, LLC (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See Lazow v. Synamon Real Estate, LLC, 365 So. 3d 462 (Fla. 3d DCA 2023) (holding that default final judgment of possession is nonfinal appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) as one that determines right to immediate possession of property); see also Golde v. San…1 / 2