FL S1406

Court may waive the requirement for tenants to pay rent into the court registry if the plaintiff lacks standing, the court lacks jurisdiction, the landlord fails to comply with notice requirements (s. 83.51), building or housing codes, acts in bad faith, or violates landlord-tenant law provisions.

Tenants must pay accrued rent and ongoing rent into the court registry within 5 days of service if they assert defenses other than payment in a possession action.

Failure to pay rent into the registry, file a motion to determine rent amount, or file a motion to waive the requirement within 5 days constitutes absolute waiver of all defenses except payment and results in immediate default judgment for eviction.

Tenants who file a motion to determine rent or request waiver of the registry payment requirement are entitled to a hearing on the motion.

Effective July 1, 2016.