The QUEST INTERNATIONAL INVESTMENT, INC., vs. STANLEY, (16 Fla. L. Weekly Supp. 586b) debate as to whether the court is required to enter a default if the tenant fails to post the rent within five days appears to continue….
In Cox v. Sanders the landlord filed an eviction. Defendants filed a motion to dismiss based on lack of jurisdiction without depositing the rent claimed into the rent registry. Defendants did, however, file a motion to determine rent and a motion to waive posting of the rent into the rent registry pending the Court’s ruling on Defendants’ motion to dismiss.
The court noted that where a tenant timely files a motion to determine rent a court may not enter a default but rather must set a hearing on the motion citing Lonergan v. Brannon, 17 Fla. L. Weekly Supp. 171c (Fla. 9th App. Ct. 2010).
But in apparent contradiction to Quest the court stated that “If the Court finds it does not have jurisdiction in this case then it can not require Defendants to deposit any monies into the rent registry. Brooks v. Narine, 17 Fla. L. Weekly Supp. 72a (Fla. 9th App. Ct. 2009). Defendants shall be relieved from the requirement to post any money into the rent registry until the Court has ruled on Defendants’ pending Motion to Dismiss.”
COX vs. SANDERS, County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-15739-O, Division 72. November 16, 2012. Wilfredo Martinez, Judge. 20 Fla. L. Weekly Supp. 158a