DANIEL GABBAY
v.
INVIN BEACH LLC
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The Third District Court of Appeal affirmed a lower court decision in a landlord-tenant eviction action. The court applied Florida Statute § 83.60(2), which requires tenants who raise defenses other than payment to deposit accrued and future rent into the court registry, with failure to do so resulting in waiver of those defenses and immediate default judgment for the landlord.
Yes. Under Florida Statute § 83.60(2), when a tenant interposes any defense other than payment in a landlord's action for possession and fails to pay rent into the court registry or file a motion to determine the rent amount within five days of service of process, the tenant absolutely waives all defenses other than payment, and the landlord is entitled to immediate default judgment for removal with a writ of possession.
“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.”
Establishes the mandatory requirement for tenants to deposit rent into court registry when raising non-payment defenses.
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Join FLexlaw to unlock all legal intelligenceThis was a landlord action for possession of a dwelling unit. The tenant (Gabbay) interponed a defense other than payment, such as a defective three-d…
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PER CURIAM. Affirmed. See Tews v. Trade Music Int’l LLC, 49 Fla. L. Weekly D2227
(Fla. 3d DCA Nov. 6, 2024) (“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. The clerk shall notify the tenant of such requirement in the summons. 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 Saturdays, Sundays, and legal holidays, after the date of service of process 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.” (quoting § 83.60(2), Fla. Stat. (2024))).
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Citator
Cited By
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Gabbay v. Invin Beach LLC, 49 Fla. L. Weekly D2227 (Fla. 3d DCA 2024)
Authorities Cited
- Gabbay v. Invin Beach LLC, 49 Fla. L. Weekly D2227 (Fla. 3d DCA 2024)