In a COVID-19-era appellate court ruling that underscores the importance of procedural compliance in eviction proceedings, the Florida Third District Court of Appeals upheld a trial court’s default judgment of eviction in the case of Lee v. 1510 N.E. 109 St., LLC (3rd DCA 2021). This case illustrates the consequences that tenants face when they fail to adhere to the specific requirements set forth in F.S. 83.60(2) and the importance of delivering proper termination notice to a tenant, as well as an educational tool for landlords and property managers on enforcing lease terms and managing evictions effectively.
Case Summary
The tenant-appellant, Sze Lee, was a tenant under a month-to-month agreement. The tenant received a legally effective 15-day notice (current F.S. 83.57(3) requires 30 days’ notice) from her landlord, 1510 N.E. 109 St., LLC, requiring her to vacate the premises at the end of the notice period. The tenant did not vacate the premises as demanded in the notice and unsuccessfully attempted to negotiate her continued tenancy using COVID-19 as reasoning for her need to remain as a tenant.
The landlord filed an eviction complaint due to the tenant’s failure to vacate. Despite raising several defenses, including citing COVID-19 concerns and alleged violations of the CDC moratorium (which was later held as unconstitutional by the U.S. Supreme Court on August 26, 2021) on residential evictions, the tenant did not deposit the owed rent into the court’s registry nor did she file a motion to determine the rent amount as required by F.S. 83.60(2).
The trial court struck the tenant’s defenses and entered a default judgment for eviction, a decision which was subsequently affirmed by the Court of Appeals. The appellate court emphasized that the tenant’s obligation to deposit owed rent into the court registry is non-discretionary under F.S. 83.60(2) and that unless the tenant timely raises the defense of payment or files a motion to determine rent, the court has no discretion but to enter an order for default and final judgment in favor of the landlord for possession of the premises.
Florida Statute 83.60(2) Explained
F.S. 83.60(2) stipulates that in eviction actions where the tenant raises any defense other than having paid the rent alleged to be owed and fails to timely file a motion to determine rent, the tenant must deposit into the court’s registry the amount of back rent, plus any rent accruing during the eviction proceedings. Failure to comply with these requirements results in the tenant waiving all rights to defend against the eviction, leading to a default judgment for the landlord and issuance of a writ of possession forthwith to remove the tenant from the premises.
Simple Lessons for Landlords and Property Managers
- Clear Communication: Ensure that eviction notices are legally sound and clearly articulate the expectations and legal obligations of tenants. Florida law requires that legal notices be legally sufficient, failure of which could result in the dismissal of the eviction action.
- Documentation and Compliance: Maintain thorough documentation of all notices and communications with tenants. This documentation is critical if a case goes to court.
- Legal Preparedness: Familiarize yourself with the legal process surrounding evictions and the specific statutes like F.S. 83.60(2). Retain an experienced landlord attorney to handle eviction proceedings to ensure all legal bases are covered. Note: corporate landlords in Florida must use an attorney to file and handle eviction actions. See our article on Corporate Landlords.
- Proactive Management: Address potential eviction scenarios proactively by discussing terms and conditions related to lease terminations and the implications of non-compliance with tenants at the start of their lease. Do not “sit on your rights”, because timely action is critical not to waive your rights as a landlord. See our article on “Do Not Sit on Your Rights.”
Effective Eviction Management
The case of Lee v. 1510 N.E. 109 St., LLC serves as a stark reminder of the importance of procedural adherence in eviction proceedings and proper handling of the eviction action by the landlord. For landlords and property managers, understanding and applying the principles set out in F.S. 83.60(2) are crucial to enforce property rights and manage residential properties effectively in Florida. By ensuring compliance with these legal standards, landlords can safeguard their properties and ensure that eviction processes are effective and legally sound.
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