BRIDGE GOLDE
v.
PIX REALTY, LP

Fla. 3d DCA | 2021-06-02
No. 21-0045
Florida District Court of Appeal, Third District (2021)

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Holding

A tenant's failure to deposit rent into the court registry pursuant to court order constitutes an absolute waiver of the tenant's defenses and entitles the landlord to an immediate default for possession without further notice or hearing.


Headnotes

[1] A tenant's failure to deposit rent into the court registry pursuant to court order constitutes an absolute waiver of all defenses, and trial courts have no discretion in…

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Key Quotes

“Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant's defenses.”

Florida Statute § 83.232(5) (2019)

Facts & Procedural History

Bridgé Golde (tenant/appellant) failed to pay rent into the court registry as ordered by the trial court in a Miami-Dade County eviction action agains…

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Opinion of the Court

PER CURIAM.

Affirmed. See § 83.232(5), Fla. Stat. (2019) (“Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant’s defenses. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.”); DTRS Intercontinental Mia., LLC v. A.K. Gift Shop, Inc.,

77 So. 3d 785, 786–87 (Fla. 3d DCA 2011) (in holding that landlord was entitled to an immediate writ of possession where tenant failed to timely deposit the specified rent into the court registry, stating that “trial courts have no discretion in entering an immediate default for possession under these circumstances. The trial court may not consider the reasons why the deposit was not timely made” (quoting Park Adult Residential Facility, Inc. v. Dan

Designs, Inc., 36 So. 3d 811, 812 (Fla. 3d DCA 2010))).


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