Latosha Burkes v. Rama 80 LLC

Summary

The Third District Court of Appeal of Florida reversed orders striking a tenant’s answer, entering default, and entering a final judgment of eviction in a residential nonpayment-of-rent action. The court held that the trial court could not require payment into the court registry or enter judgment while the tenant’s motion to determine rent remained unresolved. On remand, the court directed that the corporate landlord be represented by counsel in the contested eviction proceeding.

Holdings

1. A trial court may not enter an order requiring a tenant to deposit a specified amount of rent into the court registry when the tenant's properly filed motion to determine rent has not been resolved by an evidentiary hearing or otherwise disposed of.
2. An unresolved tenant motion to determine rent precludes striking the tenant's answer, entering default, and entering a final judgment of eviction based on failure to deposit the disputed rent amount.
3. A corporate landlord must be represented by counsel in a contested residential eviction action for nonpayment of rent; the limited exception for designated property managers applies to uncontested residential evictions.

Questions Presented

1. Whether the trial court could order the tenant to deposit $647 into the court registry without first resolving the tenant's pending motion to determine rent under section 83.60(2), Florida Statutes.
2. Whether the trial court could strike the tenant's timely answer, enter default, and enter a final eviction judgment while the motion to determine rent remained unresolved.
3. Whether a corporate landlord must be represented by counsel in a contested residential eviction action for nonpayment of rent.

Disposition

reversed_and_remanded