Evictions- Tin a Landlord in Florida Have the Registry Rent Money Disbursed Prior to obtaining an Eviction Judgment?

Function, I Chapter 83 of the Florida Statutes deals with the laws governing not-residential tenancies. Permit's assume you lot are a commercial landlord whose tenant is late on their rent. Yous serve them a proper notice to pay the by due hire or vacate, but the tenant still fails to comply. So, you lot retain an eviction attorney to file an eviction against your commercial tenant. Let u.s.a. further assume that every bit the commercial landlord, yous take to make your loan payment for the holding, only you're short on cash to make the payment; what can yous do? Alternatively, we can assume that the rent from your commercial property is your just source of income, and then you have a dire need for the money that the commercial tenant is depositing into the Court registry while the eviction is awaiting.The Registry | Supreme Court NT

Purpose and Office of Court Registry During Eviction Proceeding

Florida police recognizes the importance of rental income, and every bit a result protects the right of the landlord to collect past due and unpaid rent even while a commercial eviction action remains pending against the tenant. The governing statute is Chapter 83.232. Under this statute, Florida law requires a tenant who is defending themselves from eviction to put the unpaid rent coin into the courtroom registry and all rent which accrues while the case remains pending. FLA. STAT. §83.232(1).

In defending both a residential eviction or a commercial eviction, the tenant is obligated to pay into the courtroom registry the entire corporeality that is allegedly due, and any hire that accrues during the eviction process. FLA. STAT. §83.232(1) Should a judgment exist plant for the landlord, the rent monies that are in the registry will be disbursed to the landlord. Id. A tenant who files a counterclaim for amercement against the landlord still has to deposit the rent payments due into the registry of the Court. FLA. STAT. §83.232(iv). Should the tenant fail to pay into the registry, the tenant waives their correct to any defence and the landlord is entitled to a default judgment. FLA. STAT. §83.232(5). This is the full general process of collecting rent during an eviction. But what happens if the landlord needs the by due rent money right away?

Landlords Have Right to Claim the Entire or Fractional Sum of the Hire Money beingness held in the Court's Registry

Bold the tenant has been paying rent into the Courtroom registry while the eviction remains pending, in certain circumstances, the Landlord tin can ask that the Courtroom disburse the rent even before a judgment is entered and while the case remains pending. Nether §83.232(1), "[i]f the landlord is in actual danger of loss of the premises or other hardship" due to the rent not being paid, the landlord may use for early disbursement for the entire or partial sum held in the registry. FLA. STAT. §83.232(1). Typically, such a movement for the rent must exist supported by an Affidavit from the Landlord to the effect that the Landlord is in danger of loss if the rent money is non disbursed. If you are a landlord and need the help of an eviction lawyer to recover rent money from the Court registry, reach out for a free consultation with an eviction attorney at Edelboim Lieberman Revah Oshinsky PLLC today.