Aurora, CO asked in Landlord - Tenant for Florida

Q: What does it mean when the plaintiff in a non payment of rent eviction case files a motion to the court registry to rele

Release fees or funds that are paid into

the registry by the defendent prior to the scheduled hearing date and what if anything should the defendent do about it

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2 Lawyer Answers
Jennifer Hanson Copus
PREMIUM
Jennifer Hanson Copus
Answered
  • Landlord Tenant Lawyer
  • Fort Walton Beach, FL
  • Licensed in Florida

A: If the tenant has paid outstanding rent into the registry of the court, then the landlord has the right to request that those funds be released to him/her. The court may not release the funds until the case is resolved, but the funds cannot be released absent a court order. There is no requirement that the tenant take any action in response to such a request by the landlord, although the tenant may write to the judge and explain why he/she believes the funds should not be released at this point in the proceeding.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: The operative facts stated in your question are unclear as to who actually paid the money into the court registry. . Normally, when a plaintiff pays disputed funds into the registry of the court the court gets to decide (after the case is decided) who is entitled to the funds on deposit. Under some circumstances, a defendant may also decide to pay some disputed funds into the court registry; and if so the same rule applies. Neither side can do anything without court approval

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