313 So.3d 632
Fla. Dist. Ct. App.2021Background
- Appellant BEZL Limited, LLC (nonresidential tenant) appealed an amended final default judgment for possession entered against it.
- The circuit court had ordered the tenant to deposit monthly rent into the court registry while the landlord’s eviction action was pending.
- The tenant failed to deposit the required rent payment into the registry as ordered.
- The court entered final judgment for possession under section 83.232(5), Fla. Stat. (2019), which deems failure to pay into the registry an absolute waiver of the tenant’s defenses and mandates immediate default for possession.
- The Fourth District affirmed, holding the trial court has no discretion to refuse an immediate default based on the tenant’s reasons for nonpayment.
- The affirmance does not affect the parties’ remaining claims for damages or counterclaims, or defenses to those claims.
Issues
| Issue | Appellant's Argument | Appellee's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in entering an immediate default for possession after the tenant failed to deposit rent into the court registry as previously ordered | Tenant argued circumstances/reasons for nonpayment should be considered and not automatically waive defenses | Landlord argued statute mandates waiver and immediate default without regard to reasons | Affirmed: §83.232(5) requires immediate default for possession; trial court has no discretion to consider reasons for failing to deposit funds |
Key Cases Cited
- Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010) (trial courts must enter immediate default under §83.232(5) regardless of tenant’s reasons)
- Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010) (no equitable exception to the statute; failure to tender payment on deadline obligates default)
- Courthouse Tower, Ltd. v. Manzini & Assocs., 683 So. 2d 215 (Fla. 3d DCA 1996) (statute permits no exception based on equities)
- Kosoy Kendall Assocs., LLC v. Los Latinos Rest. Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009) (lessee’s failure to deposit required rent entitles landlord to immediate ex parte default)
- Palm Beach Marketplace, LLC v. Aleyda’s Mexican Restaurante, Inc., 103 So. 3d 911 (Fla. 4th DCA 2012) (default for possession is proper under §83.232(5); separate resolution required for disposition of deposited funds)