The cause came before the Court on its review of this file and Defendant’s Motion to Extend Time to File a Response to Plaintiff’s Complaint for possession of a commercial premises. Section 83.232(3), Fla. Stat., provides that “The Court, on its own motion, shall notify the tenant of the requirement that rent be paid into the court registry by Order, which shall be issued immediately upon filing of the tenant’s initial pleading, motion, or other paper.”
The court ordered as follows:
1. Defendant shall pay into the court registry the amount alleged in the Complaint as unpaid, or if such amount is contested, such amount as is determined by the Court, and any rent accruing during the pendency of the action, when due, unless the Defendant interposes the defense of payment or satisfaction of the rent in the amount the Complaint alleges as unpaid. Unless the Defendant disputes the amount of accrued rent, Defendant must pay the amount alleged in the Complaint into the court registry on or before the date on which its Answer to the claim for possession is due. If Defendant contests the amount of accrued rent, Defendant must pay the amount determined by the Court Into the court registry on the day that the Court makes its determination.
2. If Defendant 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 Defendant has been properly credited by the Plaintiff with any and all rental payments made; and (b) What properly constitutes rent under the provisions of the lease.
3. The filing of a counterclaim for money damages does not relieve Defendant from depositing rent due into the registry of the court.
4. Defendant’s failure to pay the rent into the court registry pursuant to Court Order shall be deemed an absolute waiver of the tenants defenses to this action for possession.
5. Defendant shall file its Answer to the Complaint on or before Friday, August 19, 2011*, and shall comply with Section 1 of this Order by that date. If Defendant fails to do so the Plaintiff will be entitled to an immediate default for possession without further notice or hearing thereon. See Kosoy Kendall Assocs., LLC v. Los Latinos Rest Inc., 10 So. 3d 1168 (Fla. 3rd DCA 2009).
1040 NORMANDY LC, Plaintiff, v. REGIONAL URGENT CARE, Defendant. County Court, 11th Judicial Circuit for Miami-Dade County. Case No. 11-1483 CC 24. August 17, 2011.
Online Reference: FLWSUPP 1811NORM
*[ the case was filed on August 5th, 2011. Defendant filed a motion for extension of time August 18th and the court order to deposit rent into the court registry is dated August 19th].