Tenants may be facing new hurdles due to a newly enacted statute by Governor Rick Scott.  On June 2, 2015, the Governor signed off on Florida Statute section 83.561, which provides that upon issuance of a certificate of title following a foreclosure sale, the purchaser taking title of a residential premises may terminate a tenant’s current…

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An appeal was recently dismissed when the appellate court determined that the order being reviewed in an eviction matter dealt simply with the payment of rent into the court registry.  The appellate court held that the order determining rent into the court registry did not determine immediate possession of the property at issue and therefore,…

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In a recent appeal the dismissal of an action by a landlord against a tenant for failure to pay rent was reversed when the appellate court determined that the trial court had allowed the dismissal of landlord’s complaint for failure of condition precedent although that affirmative defense had never been raised in tenant’s answer and affirmative…

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A dismissal was recently reversed in Miami-Dade when the circuit court on appeal determined that the county court had failed to give the Plaintiff, Landlord, an opportunity to cure a defect in the pleadings pursuant to Florida’s revised Landlord/Tenant Act, specifically Florida Statutes section 83.60(1)(a). DIANA MARVEZ, Appellant, v. STEVEN CANDELARIA and MAYELIN CANDELARIA, Appellees.…

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On appeal the Circuit Court in Pinellas County upheld a default final judgment entered by the county court in a landlord/tenant matter when it was determined that the tenant failed to dispute the amount of rent alleged in the landlord’s complaint was in error or that the amount alleged had been paid pursuant to Florida…

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The failure of a tenant to comply with all requirements of statute prior to instituting a claim for recovery of a security deposit may lead to a dismissal of the action.  A tenant, while still in possession of a rental, filed a complaint to recover their security deposit.  The court in Volusia County dismissed the…

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Failure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then Payment In a recent eviction action out of Miami-Dade, County, Judge King denied a defendant’s motion to dismiss and request for hearing on that motion when it was determined that the defendant had failed to pay…

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Florida Landlord Estopped from Evicting Tenant Due to Acceptance of Late Rents. Landlords be aware that your acceptance of rent after issuance of a three-day notice in Florida may create a waiver of your ability to pursue eviction under certain circumstances.  In Alachua County, Florida, the court entered a final judgment in favor of the…

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