Legal Question in Landlord & Tenant Law in Florida

Ocala Florida. When you have to take a tenant to court for eviction and they are given the chance to present their side of the case.

My understanding is they are supposed to put their back rent with the court registry in order to have their side heard.

If they don't put back rent with court they automatically forfeit their case. Who is responsible to MAKE SURE the tenant doesn't get more free rides by skipping their deposit monies. Who is responsible, the lawyer or judge?

Asked on 3/16/21, 2:54 pm

1 Answer from Attorneys

DMD P.A. DMD Law, P.A.

In Florida, tenants must pay rent into the court’s registry during an eviction case. If not, they may lose the eviction case by default. Key word - may. In your eviction complaint, did you state the amount of monthly rent that is due and the month(s) in which it was not paid? If so, did they disagree? If so, did they file a Motion to Determine Rent? If so, they should have asked for the amount to be paid into the Court Registry. However, the judge is the one that will say if they are in default or not. Not you. Since you don't state all the facts in the case, it is impossible to answer this question directly. It's a "depends" answer.

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Answered on 3/17/21, 8:10 am

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