Landlord/Tenant & Evictions Unlawful Detainer

What Is A Motion To Determine Rent In Florida? | 561.699.0399

What is a Motion to Determine Rent in Florida?

Motion To Determine Rent Florida
Motion To Determine Rent Florida

What is a Motion to Determine Rent in Florida? To put it in perspective, your Landlord first served a three (3) day Notice to Pay/Vacate and then filed a Complaint for Tenant Eviction based on non-payment of rent.

Within the five (5) day statutory timeframe, the Tenant may file a Motion to Determine Rent.  This Motion requests the Court/Judge to determine how much rent is actually owed and how much, if any, should be deposited into the Court’s Registry.  In essence, the Tenant is stating that the amount claimed to be due by the Landlord is incorrect.

Motion To Determine Rent Hearing

In almost all circumstances, the Court will set a hearing on the Tenant’s Motion to Determine Rent. At the hearing, the Court will hear testimony and review evidence to determine the correct amount of money due and owing, if any, by the Tenant to the Landlord.  Unless there is an error, the Court will require the Tenant to place the rent into the Court’s Registry in order for the Tenant 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 of eviction will most likely be entered by the Court.

It is important to note that the eviction case is not heard during the Motion to Determine Rent hearing, the hearing is only limited to determine how much money is due and owing and how much money must be placed into the Court’s Registry.

Motion to Determine Rent Florida
Motion to Determine Rent Florida

Florida Statute 83.60 is on point regarding a Motion to Determine Rent.  Many Tenants use this Motion as a delay tactic to remain in the property for an extended period of time or to prolong the eviction proceedings.  It is important for Landlords to realize that all notices and complaints must be accurate as the Judge will weigh the evidence presented at the the Motion to Determine Rent Hearing.

Don’t go through this process alone. The Law Office of Ryan S. Shipp, PLLC and its experienced associate eviction attorneys and support staff are here to assist with all of your eviction needs.  Call us today at 561.699.0399 to learn more about our firm.  We are located in Lantana, Florida.  We serve South Florida.

Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the Founder and Principal Attorney at The 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

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….

Eviction Attorneys Near Me

Eviction Lawyers Near Me | Get Your Florida Property Back Fast!

If you’re searching for “Eviction Lawyers Near Me” there are several ways to find one, but look no further because our experienced eviction attorneys have the ability to…

Unlawful Detainer Lawyers

Florida Unlawful Detainer Lawyers | Shipp Law

Florida Unlawful Detainer Lawyers Are you a homeowner in Florida dealing with a guest who refuses to leave your home?  This is a common problem that many homeowners…

Mobile Home Park Evictions

Florida Mobile Home Park Evictions | Eviction Attorneys

What Are The Statistics Believe it or not, statistics have stated that Florida has over 5,400 Mobile home parks (“MHP”), lodging and recreational vehicle parks, and recreational camps….

Palm Beach County 2023 Court Holidays and Evictions

Florida Residential Evictions And Court Holidays Evictions in Florida are governed under Chapter 83, Florida Statutes. Traditionally, if a landlord follows the law and correctly hits pertinent deadlines…

Writ of possession

Writ of Possession West Palm Beach Florida | 561.699.0399

As West Palm Beach Evictions Lawyers, we are always asked about the writ of possession.   A writ of possession is a legal document that allows a landlord…

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