Sunday, October 4, 2009

Trial Court Has No Discretion To Stay Final Judgment Of Possession When Tenant Fails To Deposit Rent Payment

In Stetson Management Co., Inc., et. al v. Fiddler's Elbow, Inc. (2D08-4285 and 2D09-959), the Second District reversed the trial court and held:
We agree with appellants that because the tenant, Fiddler's Elbow, did not timely deposit its monthly rent payment as required by court order, that Reagan, as landlord, was entitled to immediate possession of the property...Under the mandatory terms of section 83.232(5), the trial court had no discretion to stay the final judgment of possession; Reagan was entitled to immediate possession of the property upon Fiddler's failure to timely deposit its rent payment.


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