SERGEJ TEWS
v.
TRADE MUSIC INTERNATIONAL LLC
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 fails to pay accrued rent into the court registry or file a motion to determine the rent amount within five days of service of process waives all defenses other than payment and is subject to immediate default judgment for removal.
[1] In a landlord possession action, a tenant who interposes any defense other than payment must pay accrued rent into the court registry or file a motion to determine the re…
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 controlling authority for the court's affirmance
Sergej Tews and others were tenants in a possession action brought by Trade Music International LLC in Miami-Dade County Court. The tenants interposed…
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 Waiver Of Defenses cases and more on FLexlaw
Opinion filed November 6, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0663 Lower Tribunal No. 23-146022-CC-23
________________
Sergej Tews, et al.,
Appellants,
vs.
Trade Music International LLC,
Appellee.
An Appeal from a non-final order from the County Court for Miami- Dade County, Chiaka Ihekwaba, Judge. Courtney B. Bouillon (Orlando), for appellants. James I. Barron, III P.A., and James I. Barron III (Orlando), for appellee. Before LINDSEY, GORDO, and BOKOR, JJ. PER CURIAM.
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. 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.”).