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Do I Have to Pay Rent into the Court Registry During an Eviction?
Understanding Florida's Court Registry Requirement for Eviction Cases
If you're fighting an eviction in Florida, understanding the court registry requirement could make or break your case. Here's what the law actually requires and what changed in recent years.
One of the most confusing and potentially devastating aspects of Florida eviction law is the requirement to deposit rent into the court registry. Many tenants lose their cases not because they do not have valid defenses, but because they fail to follow this procedural step correctly.
The short answer: In most cases, yes. If you want to defend against an eviction for nonpayment, you must deposit rent into the court registry or file a motion asking the court to determine the correct amount.
What Is the Court Registry Requirement?
Under Florida Statutes §§ 83.60(2) and 83.232, if you are being evicted for nonpayment of rent and you raise any defense other than “I already paid,” you are generally required to deposit rent into the court’s registry while the case is pending. The registry acts like an escrow account managed by the clerk of court.
This rule applies even if your defense involves issues such as improper notice, poor property conditions, or retaliation by the landlord, unless your only argument is full payment.
How Much Do You Have to Deposit?
Tenants must deposit:
- Past-due rent: The amount the landlord claims in the eviction complaint, unless you dispute it by filing a Motion to Determine Rent.
- Ongoing rent: Any rent that becomes due while the case is pending, paid into the registry as it comes due.
For example, if your landlord claims $2,000 in unpaid rent and the case continues into April, you will need to deposit that $2,000 plus April’s rent, and continue making monthly deposits until the case ends.
Note: Clerks of court may charge small registry service fees, but the specific percentages vary by county. Always confirm with your local clerk before depositing.
The Response Deadline
After you are served with the eviction summons, you have five business days (excluding weekends and legal holidays) to file your written response (Answer) with the court. Within that same period, you must either:
- Deposit the rent amount claimed by your landlord into the court registry, or
- File a Motion to Determine Rent if you believe the landlord’s amount is wrong.
Failing to deposit rent or file the motion on time can still seriously damage your case, but courts now have limited discretion to allow late deposits for good cause. The old law that required an automatic eviction judgment for missing the 5-day deadline was repealed in 2021.
⚠️ Important
You still must act quickly. If you do not pay or file a motion within five business days, your landlord can move for a default, and unless you show good cause for the delay, the judge may grant it. Do not assume you will get extra time automatically.
What If You Disagree With the Amount?
If you believe your landlord’s calculation is wrong, file a Motion to Determine Rent within the five-day response window. This asks the court to decide what amount must be deposited.
The motion should include proof of your claim, such as receipts, repair requests, or lease terms showing incorrect charges. The judge will typically schedule a short hearing within one to two weeks to determine the correct amount. After the order, you will have only a few days to deposit that sum.
How to Deposit Rent Into the Court Registry
- Go to the Clerk of Court’s office where your eviction case was filed.
- Bring your case number and photo ID.
- Pay with an accepted form (cash, cashier’s check, money order, or attorney trust account check).
- Confirm the registry fee and keep your receipt.
Always call ahead to verify payment methods and hours. Procedures differ by county.
What Happens to the Money?
- If the landlord wins: The court releases the funds to the landlord (minus registry fees).
- If the tenant wins: The funds are returned to the tenant (minus fees).
- If you settle: The settlement agreement controls how the money is distributed.
Under § 83.61 F.S., a landlord may request early disbursement of funds if they can prove actual hardship, such as risk of losing the property or mortgage default due to nonpayment.
Are There Any Exceptions?
- Full payment defense: If you are arguing that all rent was already paid, you do not need to deposit again.
- Subsidized housing: Tenants in public or voucher programs deposit only their personal portion of rent.
There is still no formal poverty or hardship exemption, but courts can sometimes extend deadlines for good cause under § 83.232(5).
Why Does This Law Exist?
The Florida Legislature created the registry requirement to ensure landlords receive rent if they prevail and to discourage bad-faith delays. It also helps tenants show good faith when contesting an eviction, since the money is held safely until the case is resolved.
If You Cannot Afford the Deposit
Florida law does not excuse nonpayment based on hardship, but you can explore options like rental-assistance programs, negotiating a payment plan, or seeking help from a tenant-rights attorney. Courts can grant brief extensions if you show good cause and act promptly.
Key Takeaway
The rent-deposit rule is still mandatory for most eviction defenses, but the law now gives judges some flexibility. You have five business days after service to respond, and you must either pay the rent or file a Motion to Determine Rent. Missing that step can lead to default unless you show good cause quickly.
Getting Legal Help
Eviction law in Florida changes frequently. An experienced attorney can help you calculate the correct amount to deposit, prepare a motion if needed, and ensure you meet all deadlines so your defenses are not dismissed on a technicality.
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What happens if I deposit the rent late into the court registry?
If you miss the five-business-day deadline, the landlord can move for a default judgment and, under §83.60(2), failure to deposit or file a motion within that period is treated as a waiver of defenses other than payment and entitles the landlord to immediate default for possession. Courts, however, may in rare, fact-specific situations extend the deadline for good cause under §83.232, so a late deposit might be excused, but that relief is not guaranteed. The safest course is to deposit the funds or file a Motion to Determine Rent within the statutory deadline.
Can I pay my landlord directly instead of using the court registry?
No. Once a nonpayment eviction is filed and the rent amount is disputed, Florida law requires contested rent be deposited into the court registry rather than paid directly to the landlord. Paying the landlord directly will not satisfy the registry requirement unless the court approves the payment as part of a settlement or order.
Do I have to deposit rent even if my landlord isn't maintaining the property?
Yes. Alleging a landlord’s failure to maintain the property does not automatically excuse the duty to deposit rent into the registry. You can file a Motion to Determine Rent and submit evidence (photos, repair requests, inspection reports, receipts) to ask the court to reduce the deposit; the judge will determine the proper amount to be deposited.
