July 25, 2024// LEGAL ADVICE

VHL Successfully Defends Lease Dispute in Third District Court of Appeal

VHL Law, led by Steven Herzberg, successfully defended a landlord in an eviction dispute that reached the Florida Third District Court of Appeal. The case originated when the tenant failed to deposit rent into the court registry on time, leading to a default judgment in County Court. While the tenant did eventually make the payments, they were not timely. Through a three-hour evidentiary hearing and detailed legal argument, we secured a judgment for our client, which was upheld by the Third District Court of Appeal.

Under Florida law, specifically Section 83.60(2), tenants contesting an eviction must deposit rent into the court registry as required. Failure to do so results in a waiver of any defenses. In this case, even though the tenant eventually deposited the rent, the delay was critical. We successfully argued that the untimely payment breached the legal requirements, and the court agreed, affirming the default judgment.

Additionally, the tenant was required to continue paying rent during the pendency of the appeal. Ultimately, all rent owed for the entire lease term was paid into the court registry, and the full amount was disbursed to our client. This outcome underscores the importance of timely compliance with rent deposit requirements for tenants seeking to defend against eviction.

For landlords, this case highlights the value of pursuing their rights when tenants fail to meet legal obligations. Our firm’s extensive litigation experience allows us to effectively represent landlords in complex lease disputes and ensure their interests are protected.

With years of experience in handling both residential and commercial evictions, including appeals, we help landlords secure favorable outcomes and protect their properties