Friday, August 13, 2010

Mandamus Issued To Require Writ Of Possession When Tenant Failed To Deposit Rent Into Court Registry

In Poal WK Taft, LLC v. Johnson Medical Center Corp. (4D10-2482), the Fourth District released an opinion and granted a petition for writ of mandamus.  The court's opinion began:
In this commercial landlord/tenant dispute, a landlord petitions for mandamus, seeking an immediate default and writ of possession based on the tenant’s failure to timely pay rent into the court registry in accordance with the trial court’s order entered under section 83.232, Florida Statutes. Although the tenant paid the rent into the registry, it paid after the due date set forth in the lease. Because the tenant failed to comply with the statutory requirements, the court has a ministerial duty to provide the remedies set forth in the statute. We grant the petition.


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