In short: Usually yes. Under Florida’s commercial eviction statute, a tenant who fails to pay rent into the court registry as ordered is deemed to have waived all defenses, and courts read that rule strictly. In Fils-Aime v. Roberson, a Miami-Dade commercial tenant went to the clerk on the last day with the money but without the case number, the clerk could not find the file, and the deposit was made the next afternoon. The Third District affirmed the ruling for the landlord without a written opinion on December 3, 2014.
The Facts
Yolly Roberson, a lawyer who represented herself, was the landlord. The tenants were Daniel Fils-Aime and the Haitian Historical Society, Inc. In her suit for possession, the court ordered the tenants to deposit the monthly rent, about $3,500 according to the argument, into the court registry by the fifth of each month.
According to Mr. Fils-Aime’s testimony as described at argument, he went to the clerk’s registry on May 5 in the afternoon with the checks. He did not have the order or the case number. He gave his name, the Society’s name and the landlord’s name, but the clerk could not find the case, and he could not reach his lawyer. He came back the next afternoon with the case information, and the payment was accepted on May 6. The trial judge struck as hearsay his account of what the clerk said about checking with the judge. The trial court ruled for the landlord, and the tenants appealed (No. 3D14-2051). On September 17, 2014, the Third District granted the tenants’ emergency motion and stayed a September 5, 2014 trial court order and the writ of possession while the appeal was pending. The case was argued on November 19, 2014. Albert J. Piantini argued for the tenants. The points below are what the parties argued, not findings by the court.
- The tenants argued they were not asking for an excuse for late payment. They tendered on time, and the clerk wrongly refused. A clerk has no discretion to reject a properly tendered payment, and nothing in the statute or the order required the case number.
- They argued that giving the clerk the names of every party adequately identified the case.
- The landlord argued that tender means delivering the money to the right account in the right case, and the tenant did not give the clerk enough to do that. The mistake was the tenant’s, made at the last hour of the last day, and the statute has no exception for excuses.
- The panel asked what rule the tenants were proposing: could a tenant drop a check on the clerk’s desk at 4 p.m. on the deadline with no case identified and call it a tender?
The Decision
The Third District affirmed on December 3, 2014. The ACIS docket lists the disposition as “Per Curiam Affirmed,” with no written opinion, and the mandate issued on December 24, 2014.
Without an opinion, the affirmance does not announce a rule about what a tenant must bring to the clerk. It leaves the trial court’s ruling for the landlord in place.
The Law
Section 83.232 governs rent deposits in nonresidential (commercial) evictions. Subsection (1) requires the tenant in a possession action to pay into the court registry the rent alleged as unpaid and any rent that comes due while the case is pending, when due. Subsection (5) is the hammer: failure to pay the rent into the registry as ordered is “an absolute waiver of the tenant’s defenses,” and the landlord is entitled to an immediate default for possession without further notice or hearing.
Florida courts apply subsection (5) strictly. At argument, the landlord pointed to cases where a payment arrived late through no fault of the tenant, including one involving a delayed delivery service, and the tenant still lost its defenses. The tenants in Fils-Aime tried a different angle, that the deposit was timely tendered and wrongly refused, but the affirmance left the landlord’s win in place. The residential statute, section 83.60(2), has a similar registry requirement for residential tenants.
Lessons
- Pay registry rent early. Do not wait until the afternoon of the last day.
- Bring the order, the case number and the full case style to the clerk every time, and keep the receipt.
- If the clerk will not take the money, get it in writing, call your lawyer, and file a notice with the court that same day showing the attempted tender.
- Once a commercial tenant misses a registry deadline, the landlord can ask for an immediate default for possession. Getting relief after that is very hard.
- A per curiam affirmance decides only this case.
Source: Fils-Aime v. Roberson, No. 3D14-2051 — Fla. 3d DCA docket (per curiam affirmed December 3, 2014).
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.
📜 May 5th or May 6th: Does One Day Late Forfeit a Commercial Tenant's Defenses Under § 83.232?
Go Deeper
- Commercial Tenant Skipped Registry Rent, Lost Notice Defense (Goldstein v. 270/286 NE 39th St)
- Can a Court Order Rent Into the Registry Before the Lease Even Starts? (RSG v. Lenet)
- Commercial Lease Fights in Florida: Lockouts, Holdovers and One Word in the Lease
Frequently Asked Questions
What happens if a commercial tenant doesn't pay rent into the court registry in Florida?
Under section 83.232(5), failing to deposit rent as ordered is an absolute waiver of the tenant’s defenses, and the landlord is entitled to an immediate default for possession without a further hearing. Courts apply this strictly.
Is there a grace period for paying rent into the court registry?
Only what the court’s order allows. In Fils-Aime, the order gave the tenant until the fifth of the month, and a deposit accepted on the sixth was not enough. The court can extend deadlines for good cause, but you must ask before the deadline passes.
What if the clerk won't accept my registry payment?
Get the refusal documented, call your lawyer, and file something with the court the same day. In Fils-Aime, the tenant’s account of the clerk’s refusal was largely struck as hearsay, and the ruling for the landlord was affirmed.
Can a commercial tenant still fight the eviction after missing a registry deposit?
Usually not on the merits, because the missed deposit waives the defenses. The tenant may argue the deposit was actually timely or that the order was unclear, but those arguments rarely succeed.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals 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.
