Landlord/Tenant & Evictions

Motion To Determine Rent

Motion To Determine Rent
Motion To Determine Rent

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 |

Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the founder and principal attorney at Law Office of Ryan S. Shipp, PLLC, which is located in Palm Beach County, Florida. Mr. Shipp and his team of associate attorneys and support staff focus their practice in the areas of real estate and business law.

Related Posts

Florida Landlords

Top 10 Things Every Florida Landlord Should Know

Are you interested in becoming a landlord in Florida or are you already a Florida landlord? Being a landlord can be a pretty rewarding experience, but it’s crucial…

Residential Lease Drafting

Residential Lease Drafting | 561.699.0399

Residential Lease Drafting Residential lease drafting is an essential process that landlords and tenants should engage in to establish the terms of a rental agreement. The process of…

Florida Eviction Lawyers

Florida Eviction Lawyers | We Serve All 67 Counties | 561.699.0399

What Does a Florida Eviction Lawyer Do? Have you ever wondered what a Florida eviction lawyer does? Well, let me break it down for you. A Florida eviction…

Florida Residential Landlord Tenant Basics

Florida Residential Landlord Tenant Basics

Do you have a rental property in Florida or are you currently searching for a place to rent? Either way, it’s important to know the ins and outs…

Boca Raton Eviction Attorneys

Boca Raton Eviction Attorneys | 561.699.0399

What Does A Boca Raton Eviction Attorney Do? The eviction process involves the delivery of a written notice to the tenant, followed by the filing of a lawsuit…

Remove Girlfriend From Florida Home

Remove Girlfriend From Florida Home | Florida Unlawful Detainer Lawyers

If you are looking to remove a girlfriend or ex-girlfriend from your Florida home, it is important to understand the legal options that may be available to you….

Facebook Iconfacebook like buttonSubscribe on YouTubeTwitter Icontwitter follow buttonVisit Our Lead Counsel Page