BETTY WALKER
v.
FREDY VELASTEGUI
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A tenant who interposes any defense other than payment in an eviction action must pay accrued rent into the court registry within five days of service of process, or forfeit all defenses other than payment and face immediate default judgment.
[1] In a landlord's action for possession of a dwelling unit, a tenant who asserts any defense other than payment must pay accrued rent into the court registry within five da…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Statutory provision cited as basis for affirmance
Betty Walker, a tenant, was sued for possession of a dwelling unit by landlord Fredy Velastegui in Miami-Dade County Court. Walker failed to comply wi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Eviction Proceedings cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1191 Lower Tribunal No. 24-95814-CC-20 ________________
Betty Walker, Appellant,
vs.
Fredy Velastegui, Appellee.
An Appeal from the County Court for Miami-Dade County, Gordon Murray, Judge.
Legal Services of Greater Miami, and Yesenia Arocha and Jeffrey M. Hearne, for appellant.
The AJM Law Group, P.A., and Alix J. Montes, for appellee.
Before FERNANDEZ, SCALES and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See § 83.60(2), Fla. Stat. (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 . . . . 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.”).