In most actions for eviction based upon a tenant’s non-payment of rent, the Court must determine the amount of rent required to be paid into the registry of the Court during the pendency of the litigation. Florida Statute 83.232 is designed to remedy the problem of commercial tenants remaining on the premises for the duration of litigation without paying the landlord rent.

This Statute sets forth the procedure for rent paid into the registry of the Court. The law provides that, in an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in the complaint as unpaid. However, if the tenant contests the amount of rent owed, such amount is determined by the Court, and any rent accruing during the pendency of the action, when due, unless the tenant has interposed the defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid.

Unless the tenant disputes the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the court registry on or before the date on which his or her answer to the claim for possession is due. If the tenant contests the amount of accrued rent, the tenant must pay the amount determined by the court into the court registry on the day that the court makes its determination.

If the tenant contests the amount of money to be placed into the court registry, any hearing regarding such dispute shall be limited to only the factual or legal issues concerning:

(a) Whether the tenant has been properly credited by the landlord with any and all rental payments made; and

(b) What properly constitutes rent under the provisions of the lease.

The experienced landlord understand the potentially severe ramifications of Florida’s “pay to play” statute. Have questions regarding your commercial eviction?  Call McKenna, McCausland & Murphy, P.A.  We’re trusted by some of the most successful landlords in Florida.