Pay-to-Play or Get Evicted: One Aspect of Florida’s Eviction Statutes

In a Landlord-Tenant relationship, there is always the possibility of bad blood developing between the owner (or lessor) of real estate and the tenant (or lessee) who leases that real estate. One of the more common reasons for such bad blood comes from disputes surrounding the payment, or lack thereof, of rent. There might even be a dispute as to the amount of rent that should be paid.

Assuming a landlord decides to sue a tenant for unpaid rent, it is common for landlords to request a hearing from the court having jurisdiction to ascertain the amount of rent due, pursuant to Section 83.232 (for commercial evictions) or Section 83.60 (for residential evictions), Florida Statutes (2015). At the hearing, the court makes a determination as to the amount of rent due by the tenant each month, and enters an order stating so. Or, possibly, the parties might agree to the amount of rent due and forgo the need for a hearing.

You might wonder what the significance of such an order might be. In Florida, at least, this order is part of a “pay-to-play” system of eviction litigation in which a tenant must pay rent in order to retain possession of the premises the tenant currently occupies. This money isn’t paid to the landlord, however, but rather to the court’s registry for as long as litigation continues. Upon its conclusion, the money is distributed according to the court’s final order(s), based upon how the proceedings went.

So what does “pay-to-play” mean for tenants? Put bluntly, either the tenant pays the amount due each month or immediately loses the eviction proceedings. In commercial evictions, Section 83.232(5), Florida Statutes (2015), provides that the failure to pay constitutes an “absolute waiver” of all the tenant’s defenses, and allows the landlord to “an immediate default for possession without further notice or hearing thereon.” A similar penalty is provided in Section 83.60(2), Florida Statutes (2015), for residential evictions.

When the statute says that the waiver is absolute, it means it. At least in the commercial eviction context, failing to follow the “pay-to-play” order allows the landlord to obtain an immediate order for possession without having to provide notice to the tenant. Although a similar penalty appears in statutes regarding actions for possession of mobile homes and condominiums (Sections 723.063(2) and 718.401(1)(d)(1), Florida Statutes (2015)), those statutes do not include language that eliminates notice.

The lesson to take from this? In eviction proceedings, you must make sure you understand all of the nuances provided for under Florida law. A misstep could cost you possession of the property you occupy, if you are a tenant. Often, the best way to make sure such a misstep doesn’t occur is to hire the services of an attorney who can help you navigate this apparent maze of laws and resolve your issue.

If you have any questions regarding this, or any, topic of law, feel free to send a question or request a free, confidential consultation.

George