In short: The tenant lost. In Goldstein & Goldstein, P.A. v. 270/286 N.E. 39th Street, a law-firm tenant in a commercial eviction attacked the landlord’s 3-day notices but never paid rent into the court registry. After discovery violations, the trial court struck its pleadings and entered judgment, and the Third DCA affirmed without opinion.
The Facts
This was a commercial eviction in Miami-Dade County. The landlord, 270/286 N.E. 39th Street, Inc., sued its tenant, a law firm organized as a professional association, for possession. Because the Third District affirmed without an opinion, what follows is what the record and the arguments showed, as described for the oral argument, not appellate findings.
The tenant attacked the landlord’s 3-day notices as defective. It argued they were sent by the landlord’s lawyers rather than the landlord, demanded improper late fees, and did not give an address for payment. It also raised the federal Fair Debt Collection Practices Act. But the tenant never paid rent into the court registry while the case was pending.
After repeated discovery violations by the tenant, the trial court struck its pleadings and entered judgment for the landlord.
The Decision
The Third District affirmed per curiam without opinion, so the judgment for the landlord stood. The court gave no reasons. The record offered at least two independent grounds: the tenant’s failure to deposit rent into the registry, which by statute waives a commercial tenant’s defenses, and the sanction striking its pleadings for discovery violations. The court did not say which, if either, it relied on.
A PCA is not precedent. It does not decide whether the tenant’s attacks on the notices had merit or whether the FDCPA applies to a commercial lease.
The Law
This was a nonresidential tenancy, governed by Part I of chapter 83. Under section 83.232, a commercial tenant must pay the rent alleged in the complaint, or the amount the court sets, plus rent that comes due during the case, into the court registry unless its defense is payment. Failure to do so is an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default for possession. The 3-day notice for nonpayment of commercial rent is governed by section 83.20(2).
The FDCPA generally applies to consumer debts, meaning obligations incurred primarily for personal, family or household purposes, so commercial rent usually falls outside it. Separately, Florida trial courts may strike pleadings for willful or repeated discovery violations under Florida Rule of Civil Procedure 1.380, though they generally must consider lesser sanctions first.
Current law (2026): Section 83.232 (commercial registry) is unchanged in substance since 1995; text confirmed on flsenate.gov 2026 Statutes. Residential section 83.60(2) was amended in 2013 but does not apply to this commercial case.
Lessons
- A commercial tenant who wants to contest an eviction must pay the alleged rent into the registry on time, whatever its defenses.
- Notice defects do not survive a failure to deposit. The registry statute comes first.
- Comply with discovery. Repeated violations can end the case before the merits are ever heard.
- Consumer-protection statutes like the FDCPA usually do not reach business leases.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Bad 3-Day Notice vs. Unpaid Registry Rent — Who Wins? | Goldstein v. 270-286 NE 39th St, 3D12-2967
Go Deeper
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
- How to Vacate a Default or Final Judgment in Florida: Rule 1.540 and Its Limits
Frequently Asked Questions
Does a commercial tenant have to pay rent into the court registry in Florida?
Yes, unless the defense is payment. Under section 83.232, a nonresidential tenant must deposit the rent alleged in the complaint and rent accruing during the case. Failing to do so waives its other defenses, and the landlord can get an immediate default for possession.
Can a commercial tenant defeat an eviction with a defective 3-day notice?
Only if the tenant keeps its defenses alive by paying into the registry. In Goldstein v. 270/286 N.E. 39th Street, the tenant attacked the notices but never deposited rent and also had its pleadings struck for discovery violations. The Third DCA affirmed the landlord’s judgment without opinion.
Does the FDCPA apply to commercial rent?
Generally no. The federal Fair Debt Collection Practices Act covers consumer debts incurred mainly for personal, family or household purposes. Rent under a business lease usually is not a consumer debt, so a landlord’s lawyer collecting commercial rent is usually not subject to the FDCPA.
What does a per curiam affirmance (PCA) mean in Florida?
It means the appellate court upheld the trial court’s judgment with the single word affirmed and no opinion. The losing side gets no explanation, the ruling below stands, and the decision is not precedent for any legal point. In Goldstein v. 270/286 N.E. 39th Street, the PCA left the trial court’s result in place without endorsing any particular reason for it.
Talk to a Florida landlord-tenant and real estate lawyer
Weidner Law, P.A. handles Florida lease, eviction and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
