What is a Motion to Determine Rent in Florida?
What is a Motion to Determine Rent in Florida? As a background, the Landlord first served a Tenant 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 has filed what is called 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 due on the three (3) day Notice is incorrect or the amount stated in the Complaint is incorrect.
In almost all circumstances, the Court will set a hearing on the Tenant’s Motion to Determine Rent to ascertain the facts and to determine the correct amount of money due and owing, if any, to the Landlord. 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 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.
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 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.