SARAH LAZOW, ETC.
v.
SYNAMON REAL ESTATE, LLC

Fla. 3d DCA | 2023-05-17
No. 22-0681
343 So. 3d 1249 Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 3 cases

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.

Holding

A tenant's failure to deposit rent into the court registry pursuant to court order results in an absolute waiver of defenses and entitles the landlord to an immediate default judgment for possession.

Headnotes

[1] A tenant's failure to deposit rent into the court registry pursuant to trial court order constitutes an absolute statutory waiver of all tenant defenses and entitles the…

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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. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.”

Florida Statute § 83.232(5), cited as the statutory basis for the judgment
Facts & Procedural History

Sarah Lazow, as successor trustee, was a tenant in a dispute with Synamon Real Estate, LLC, the landlord. The trial court ordered the tenant to deposi…

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Topics
Right To Immediate Possession Of Property Writ Of Possession

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Opinion of the Court

Opinion filed May 17, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-681 Lower Tribunal No. 22-3700

________________

Sarah Lazow, etc.,

Appellant,

vs.

Synamon Real Estate, LLC,

Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. David J. Winker, PA, and David J. Winker, for appellant. Darius Asly, for appellee. Before SCALES, HENDON and GORDO, JJ. GORDO, J. Tenant1 appeals a “Default Final Judgment of Possession” entered for the Landlord2. We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(ii).3 We find no error in the trial court’s entry of the writ of possession where the Tenant indisputably failed to deposit the rent into the court registry on the date ordered by the trial court. See § 83.232(5), Fla. Stat. (“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.”); Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811, 813 (Fla. 3d DCA 2010) (“Regardless of the tenant’s reason for failing to make the deposit, the trial court was statutorily required to enter an immediate default and writ of possession.”); Bimini Properties, Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, 343 So. 3d 1249, 1251 (Fla. 3d DCA 2022) (“Upon a tenant’s failure to pay into the court registry the amount of rent determined by the trial court, the landlord is entitled to the remedy of an immediate default for possession.”). Affirmed.

Footnotes
1 Sarah Lazow, as Successor Trustee of 3004 Trust. 2 Synamon Real Estate, LLC. 3 This Court has jurisdiction to review nonfinal orders that determine “the right to immediate possession of property.” Fla. R. App. P. 9.130(a)(3)(C)(ii).

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Citator

Cited By

  • Lazow v. Synamon Real Est., LLC, 343 So. 3d 1249 (Fla. 3d DCA 2023)
    …CA 2010) (“Regardless of the tenant’s reason for failing to make the deposit, the trial court was statutorily required to enter an immediate default and writ of possession.”); Bimini Properties, Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, 343 So. 3d 1249, 1251 (Fla. 3d DCA 2022) (“Upon a tenant’s failure to pay into the court registry the amount of rent determined by the trial court, the landlord is entitled to the remedy of an immediate default for possession.”). Affirmed. 1 Sarah Lazow, as Succes…
  • Karina Jimenez v. Gutierrez (Fla. 3d DCA 2023)
    …of certiorari. See Super Prods., LLC v. Intracoastal Env’t, LLC, 252 So. 3d 329, 331 (Fla. 2d DCA 2018) (“Orders staying proceedings are reviewable by certiorari.”); see also Bimini Properties, Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, 343 So. 3d 1249, 1251 (Fla. 3d DCA 2022) (“In these circumstances, we exercise our authority under Florida Rule of Appellate Procedure 9.040(c) and treat the notice of appeal as a petition for writ of certiorari.”); Benihana of Tokyo, Inc. v. Benihana, Inc., 129 So…
  • Home Pipeline Holdings, LLC v. Chryl Nicolas (Fla. 3d DCA 2025)

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