My office is always asked by both Tenant and Landlords what is a Motion to Determine Rent? Once an Eviction Complaint is served on the Tenants for non-payment of rent, the Tenant has five (5) days to file an Answer. If a Tenant files an Answer, per Florida law, the tenant most place the sums into the Court’s Registry UNLESS the Tenant’s Answer claims payment in full. However, if the Tenant wishes to dispute the amount of rent claimed to be due in the Complaint, the Tenant may prepare a Motion to Determine Rent and file it with the Court and mail a copy to the Landlord or the Landlord’s Attorney. Although this action can delay the eviction proceedings, the burden is on the Tenant to show the Court that the amount in the Complaint is in error. We also recommend that when filing a Motion to Determine Rent that documentary evidence is attached to the Motion to Determine Rent showing the alleged monetary error. In most circumstances, the Judge will set the Motion to Determine Rent for a hearing and the Tenant will have a chance to be heard.
Unless there is an error, the Court will require the Tenant to place the due and owing rent into the Court’s Registry in order to proceed with the Case. If the Tenant fails to deposit the money into the Court’s Registry, the Landlord can move for a default and a final judgment will then most likely be issued shortly thereafter.
Florida Statute 83.60 is the law on a Motion to Determine Rent. Landlords need to be cautious that all notices and complaints are accurate because failure to do so can result in the case being placed on hold until the Landlord makes the correction. The Law Office of Ryan S. Shipp, PLLC is here to help. Our team of experienced landlord-tenant attorneys are here to assist with all of your eviction and landlord-tenant needs including the preparation and filing of a Motion to Determine Rent. Call us today at (561) 699-0399 or visit us at our Lantana, Florida office location. We are located in Lantana, Florida. We serve South Florida.
The Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd. Suite #l | Lantana, Florida 33462 | (561) 699-0399 | shipplawoffice.com