Wednesday, May 27, 2009

Writ of Possession Must be Entered When Lessee Fails to Deposit Monthly Rental Payment into Registry

In Kosoy Kendall Assoc., LLC v. Los Latinos Restaurant, Inc. (3D09-1289), the Third District granted the petition for mandamus. The court held:
Upon the lessee’s failure to timely deposit a monthly rental payment into the registry as required by court order under section 83.232, Florida Statute, the petitioner–landlord was absolutely entitled to an ex parte, immediate default for a writ of possession of the premises by section 83.232(5), Florida Statute...Because the trial court refused, after an adversarial hearing which was itself unauthorized, to issue the writ and, notwithstanding such wholly irrelevant facts as that the payment was subsequently tendered, see Main St. Corp., 947 So. 2d at 492, we grant the present application for mandamus and order that a writ of possession issue forthwith.


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