Evictions: Residential Tenant Must Provide Supporting Documentation with Motion to Determine Rent

Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “  From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a rent determination hearing.

Fla. Stat. §83.60 requires a residential tenant to either deposit the disputed amount into the Court registry or to otherwise timely file a facially sufficient Motion to Determine Rent, and states “(2) …Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon.”

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