A landlord filed an eviction for non-payment of rent. The tenant defended on the basis of landlord’s failure to maintain the premises and filed a motion for rent determination. Nevertheless, the court ordered the tenant to deposit the amount claimed of $1550.00 into the court registry without conducting a rent determination hearing. When the tenant did not make the deposit, the landlord filed for a default judgment of eviction which was granted.
The tenant filed an appeal . The appellate court ruled that even though the court did not conduct a rent determination hearing, once it ordered the tenant to pay a certain amount, §83.60(2), Fla. Stat., required the entry of a default judgment if that amount was not paid.
LARRY J. HAMPTON, Appellant, v. 2636 5TH STREET SOUTH LAND TRUST ASSET PRESERVATION TRUST SERVICES, INC., Appellee. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pinellas County. Case No. 14-000065AP-88B. UCN 522014AP000065XXXXCV. February 24, 2015. 22 Fla. L. Weekly Supp. 780a.