PALM BEACH MARKETPLACE, LLC, PETITIONER,
v.
ALEYDA'S MEXICAN RESTAURANTE, INC., RESPONDENT
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Palm Beach Marketplace, LLC sought a writ of mandamus to compel the trial court to enter a default judgment and writ of possession against its tenant, Aleyda's Mexican Restaurante, Inc., for failure to pay rent. The Fourth District Court of Appeal granted the petition, holding that the trial court has a ministerial duty to provide the statutory remedies when a tenant fails to comply with Florida's residential tenancy statutes.
The trial court has a ministerial duty to provide the remedies set forth in section 83.232, Florida Statutes, and must issue a default judgment and writ of possession when a tenant fails to comply with statutory requirements, regardless of any dispute about payment timing or course of conduct.
[1] A landlord is entitled to a default for possession under section 83.232, Florida Statutes, when a tenant fails to comply with statutory requirements, regardless of any di…
[2] A lease agreement's provision for rent payment on the first of the month controls, notwithstanding any contrary course of conduct between the parties.
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Join FLexlaw to unlock all legal intelligence“the landlord pointed to the terms of the lease which provide for payment to be made on the first of the month despite any course of conduct to the contrary”
Establishes that the lease terms control payment obligations regardless of any alleged prior payment practices
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Join FLexlaw to unlock all legal intelligencePalm Beach Marketplace, LLC was a commercial landlord with a lease agreement with Aleyda's Mexican Restaurante, Inc. The lease terms provided that ren…
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Commercial landlord Palm Beach Marketplace, LLC, asks this court to compel the trial court to enter a default and writ of possession in its favor. We grant the petition because the tenant, Aleyda’s Mexican Restaurante, Inc., failed to comply with the statutory requirements of section 83.232, Florida Statutes. We recognize the tenant’s dispute about when the rental payment was due; however, the landlord pointed to the terms of the lease which provide for payment to be made on the first of the month despite any course of conduct to the contrary. See §§ 83.232(1) & (5), Fla. Stat. (2011); Park Adult Residential Fac., Inc. v. Dan Designs, Inc., 36 So.3d 811, 812 (Fla. 3d DCA 2010); 214 Main St. Corp. v. Tanksley, 947 So.2d 490 (Fla. 2d DCA 2006). As the landlord demonstrates, the trial court has a ministerial duty to provide the remedies set forth in the statute. See Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So.3d 37 (Fla. 4th DCA 2010). See also Famsun Invest, LLC v. Therault, 95 So.3d 961 (Fla. 4th DCA 2012); DTRS Intercontinental Miami, LLC v. A.K. Gift Shop, Inc., 77 So.3d 785 (Fla. 3d DCA 2011).
While we grant the mandamus petition, as in Poal, we withhold the issuance of the writ, as we are assured that the trial court will act in accordance with this opinion and issue the writ of possession to the landlord. Also as this court pointed out in Pool, the landlord is entitled to a default for possession in accordance with section 83.232(5), not disbursement of the deposited funds. 45 So.3d at 39 (citing Premici v. United Growth Props., L.P., 648 So.2d 1241 (Fla. 5th DCA 1995)).
Petition for writ of mandamus is granted.
POLEN, LEVINE and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bezl Ltd., LLC v. Raymond Off. Plaza, LLC, 45 Fla. L. Weekly D2640 (Fla. 4th DCA 2021)…field Beach, 2020 WL 6937858, at *2 (“[T]he landlord is entitled to a default for possession in accordance with section 83.232(5), not disbursement of the deposited funds.”) (quoting Palm Beach Marketplace, LLC v. Aleyda’s Mexican Restaurante, Inc., 103 So. 3d 911, 912 (Fla. 4th DCA 2012)). Thus, nothing in this opinion should be interpreted as a comment on the merits of the parties’ damages claims, damages counterclaims, and defenses to each. ---PAGE 3--- 3 Affirmed. MAY and KUNTZ, JJ., concur. *…
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Gambrel v. Sampson, 330 So. 3d 114 (Fla. 2d DCA 2021)…A 2016) (granting the petitioner's mandamus petition where the lower court had a ministerial duty to accept the petitioner's notice of appeal and transmit it to the appellate court); Palm Beach Marketplace, LLC v. Aleyda’s Mexican Restaurante, Inc., 103 So. 3d 911, 912 (Fla. 4th DCA 2012) (holding that the trial court had "a ministerial duty to provide the remedies set forth in the statute"). Mandamus has frequently been invoked to compel courts to enter judgments confirming arbitration awards when there is…
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The Cove & Deerfield Beach, LLC v. R. Fast, Inc., 310 So. 3d 413 (Fla. 4th DCA 2020)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gino Premici v. United Growth Props., L.P., 648 So. 2d 1241 (Fla. 5th DCA 1995)
- 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006)
- Park Adult Residential Facility, Inc. v. DAN Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010)
- Poal WK Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010)
- Famsun Invest, LLC v. Therault, 95 So. 3d 961 (Fla. 4th DCA 2012)
- DTRS Intercontinental Miami, LLC v. A.K. Gift Shop, Inc., 77 So. 3d 785 (Fla. 3d DCA 2011)