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 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…

Florida Unlawful Detainer Lawyers

How Do I Legally Remove Someone From My House In Florida

Florida Unlawful Detainer Lawyers Have you found yourself in a situation where you need to remove someone from your Florida home, but don’t know where to start? Whether…

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…

Facebook Iconfacebook like buttonSubscribe on YouTubeTwitter Icontwitter follow buttonVisit Our Lead Counsel Page
Call Now Button**CLICK HERE** LET US CALL YOU