In response to an eviction for failure to pay rent, Tenant filed a motion to determine rent pursuant to § 83.60(2) Fla. Stat. The court found that Tenant owed $461.00 and ordered her to put this amount into the court registry. Tenant did not pay the required amount into the court registry when ordered, and thus the court entered a Default Judgment for Possession.
Tenant appealed, contending that the amount she was ordered to put into the court registry was incorrect. Whether or not Tenant could show that the amount the court ordered her to deposit into the court registry was correct, the law is clear that under Part II of Chapter 83 of the Florida Statutes, a tenant must pay into the court registry the rent amount alleged in the complaint or determined to be due by the court. See Kendrick v. Corser, 19 Fla. L. Weekly Supp. 72a (Fla. 11th Cir. App. Ct. Oct. 31, 2011). Failure of the tenant to pay this amount into the registry constitutes an absolute waiver of the tenant’s defenses other than payment, and entitles the landlord to immediate judgment of possession. See Carolyn Jones v. Myrtis Jones, (Fla. 6th Cir. App. Ct. Nov. 20, 2009).
Although Appellant may dispute the amount she was ordered to deposit into the court registry, her failure to comply with that order entitled the landlord to an immediate default judgment for possession. See Stanley v. Quest Intern. Inv., Inc., 50 So. 3d 672 (Fla. 4th DCA 2010)[35 Fla. L. Weekly D2636a].
HARRIS, Appellant, v. LUCKY PENNY ANDOVER BAY, LLC., Appellee. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pinellas County. Case No. 13-000049AP-88B. UCN 522013AP000049XXXXCV. August 22, 2013. 21 Fla. L. Weekly Supp. 1b.