In short: No, not automatically. In RSG, LLC v. Lenet, the Third DCA reversed an eviction default entered after a tenant paid registry rent one day late, because the court never first decided whether the lease had even begun or the tenant ever took possession. That threshold question decides whether the registry statute applies at all.
The Facts
In early 2012 a landlord and a prospective tenant, RSG, LLC, signed a residential lease for a Bal Harbour property at $4,450 a month, with the term set to begin in mid-February. The lease contained two conditions the landlord had to meet first: replace the refrigerator and make sure the plumbing, heating, electrical and air-conditioning systems worked.
At the walk-through before move-in, the tenant found those repairs had not been done and refused to take possession. The landlord filed an eviction case in county court; the tenant sued for breach of the lease in circuit court. The cases were transferred and consolidated in circuit court, and the court ordered the tenant to deposit the monthly rent into the court registry starting in June 2012.
The tenant made the deposits through September while asking to be relieved of them until the court decided whether the lease conditions had ever been met. The October 1 deposit was missed because of a bookkeeping error; the tenant tried to deposit a cashier’s check on October 2, and the clerk refused it. The trial court denied the tenant’s emergency motion and entered an immediate default judgment for possession with a writ.
The Decision
The Third District reversed. Section 83.60(2) is built around a tenant who is in possession of the dwelling and wants to stay while raising defenses. Here, whether the lease term ever began, whether its conditions were met or waived, and whether RSG ever took possession were all disputed. Those facts decide whether the registry statute applies in the first place.
Because the trial court ordered registry payments, and then entered a default for a one-day-late payment, without first holding an evidentiary hearing on those threshold questions, the court held the deposit order was premature. The judgment was reversed and the case sent back for that hearing.
The Law
Under section 83.60, Florida Statutes, subsection (2), a residential tenant sued for possession who raises any defense other than payment must deposit the alleged accrued rent and the rent that comes due while the case is pending. Missing a deposit (or failing to file a motion to determine rent within five business days of service) waives the tenant’s defenses, and the landlord can get an immediate default and writ of possession. Commercial tenancies have a parallel rule in section 83.232, Florida Statutes.
The registry rule is harsh by design, which is why the threshold matters. It presumes a landlord-tenant relationship and a tenant in possession. When those facts are genuinely disputed, RSG holds the court must resolve them first.
Current law (2026): Section 83.60(2) was amended by ch. 2013-136 (effective July 1, 2013, after this decision) to state expressly that a defective 3-day notice defense also triggers the deposit requirement and to require supporting documentation with a motion to determine rent. The core rule applied in RSG is unchanged in the 2026 statute.
Lessons
- The registry statute is not automatic in every lease dispute. If the tenant never took possession or the lease never started, raise that first and ask for an evidentiary hearing.
- Once a registry order is entered, treat every deadline as absolute. A one-day bookkeeping slip led to a writ of possession here, and only an appeal undid it.
- Landlords should write conditions precedent carefully and complete them before the start date. Unfinished repairs gave the tenant a defense that stalled the whole case.
- If a deposit is late for a good reason, move immediately and build a record; the appellate court can only review what the trial court was shown.
Source: RSG, LLC v. Lenet, No. 3D12-2652 — Fla. 3d DCA (February 20, 2013).
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. (The channel has this argument posted twice; the other upload is here.)
Evicted for a Day-Late Payment on a Home They Never Moved Into? | RSG v. Lenet, 3D12-2652
Go Deeper
- How to Vacate a Default or Final Judgment in Florida: Rule 1.540 and Its Limits
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
Do I have to pay rent into the court registry during a Florida eviction?
Usually, yes. Under section 83.60(2), a residential tenant who raises any defense other than payment must deposit the rent alleged in the complaint and rent that comes due during the case, or file a motion to determine rent within five business days of service. Failing to do so waives defenses and allows an immediate default. RSG v. Lenet shows a court must first decide disputed threshold facts, such as whether a tenancy ever began.
What happens if I pay registry rent one day late in Florida?
The statute treats a missed deposit as a waiver of defenses and lets the landlord get a default judgment for possession without a further hearing. Courts have little room to excuse it. In RSG v. Lenet, the default for a one-day-late deposit was reversed only because the deposit order itself was premature, not because late payment was forgiven.
Can a landlord evict a tenant who never moved in?
A landlord can file, but whether eviction procedures like the registry requirement apply depends on whether a tenancy actually began and the tenant took possession. In RSG v. Lenet, the tenant refused possession because the landlord had not completed promised repairs, and the appellate court required an evidentiary hearing on those facts before the registry rule could be enforced.
What is a condition precedent in a Florida lease?
A condition precedent is something that must happen before a party’s obligation kicks in, such as the landlord completing repairs before the term starts. If the condition is not met or waived, the other side’s duty to perform, including paying rent, may never arise. Whether a condition was satisfied is often a fact question that needs evidence.
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.
