Legal Question in Landlord & Tenant Law in Florida

Injust Ruling?

My landlord filed a defective 3-day notice. Court upheld that it was defective yet still ordered me to pay into registry. Ordered landlord to file new 3-day which she didn't.

How can I be asked to pay in on a case where the 3-day (and thus 5-day) notices were incorrect in their amounts?


Asked on 11/06/08, 2:41 pm

1 Answer from Attorneys
Michael Rajtar Rajtar & Associates, P.A.

Re: Injust Ruling?

Some courts follow the statute strictly, in that in order to raise any defense other than payment you must deposit the rent into the court registry. Other courts will dismiss the action if the 3 day notice is incorrect without depositing funds. Apparently this Judge is following the letter of the law because you are not raising a defense that you paid but that the 3 day is defective. Feel free to give me a call should you have any further questions.

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Answered on 11/07/08, 10:22 am


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