– Section 83.232 of the Florida Statute allows commercial landlords to request a rent determination hearing if a tenant contests the amount of money to be placed into the court registry during an eviction action.
– The court will hold a rent determination hearing to decide how much rent the tenant should pay into the court registry during the lawsuit, and will order the tenant to pay the decided-upon amount promptly.
– If the tenant fails to comply with the court’s order at any point, the landlord will be entitled to an immediate judgment of possession against the tenant. – The purpose of the rent determination hearing is to protect the landlord from irreparable harm.
– The statute is designed to ensure that commercial tenants pay rent, even during eviction proceedings.
– There are no exceptions to a tenant’s failure to pay rent, and the tenant must comply or face eviction.
– Tenants must make arrangements to ensure the rent is paid on the due date, even if it falls on a weekend or holiday. – Florida courts have consistently held that Section 83.232 has no exceptions and requires immediate entry of default judgment for possession if a tenant fails to pay rent per the court’s order.
– Courts are precluded from considering any excuses or reasons for a tenant’s failure to timely comply with rent payment.
– Tenants are responsible for making alternative accommodations to ensure rent is paid early, regardless of weekends, holidays, or other circumstances.
– Section 83.232 is a powerful tool for landlords, as it allows for possession of the premises if a tenant fails to timely pay rent, regardless of hearings or remaining defenses.
https://www.hklaw.com/en/insights/publications/2022/03/why-florida-commercial-landlords-should-push-for-rent-determination
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