Order to Post Money to Court Registry

August 16th, 2012 by Thomas Oates

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During the pendency of an eviction case, whether residential or commercial, the Court may enter an order requiring the Tenant to post money into the Court registry. The Order may also include language that requires the Tenant to continue to post rent money to the registry of the court when each new payment becomes due. The Fourth District Court of Appeal recently issued an opinion on this very issue in a commercial tenant eviction.

In the case of Poal Wk Taft v. Johnson Medical Center, 45 So.3d 37 (Fla. 4th DCA 2010), the lower court issued an order requiring the Tenant to post money into the registry of the court. The Appeals Court opinion said that, not only was the continued posting of rent to the court registry required as it became due, but the Tenant is also requried to do the same by statute. During a commercial tenant eviction, “the tenant is required, even without court order, to make payments into the registry of the court when due.” Id. In the absence of strict compliance with these requirements, the landlord is entitled to a writ of possession without further hearing. Id.

If you need assistance with a residential or commercial eviction, please call the attorneys at Oates & Oates.

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