Background
On February 28, 2025, landlord Carlo Palermo filed a complaint for eviction based on failure to pay rent. The tenants, Susan Zielinski and David McDonald, filed answers and affirmative defenses denying the allegations and asserting that the parties modified the lease agreement due to damage sustained by a recent hurricane. Each answer included a motion to determine rent and request for hearing, alleging that the landlord agreed to reduced rent and that no amounts were due. The tenants attached supporting evidence including the lease agreement, text messages between the parties arranging meetings to pay reduced rent, and photographs showing hurricane damage to the residence.
Just one day after the tenants filed their answers and motions, the landlord filed a motion for court’s default alleging the tenants failed to allege payment, deposit rent, or file a motion to determine rent—despite the fact that the tenants had, in fact, filed motions to determine rent. The county court entered default without holding an evidentiary hearing on the tenants’ motions.
The Court’s Holding
The Second DCA reversed. The court held that the county court erred by entering a default judgment without first conducting an evidentiary hearing on the tenants’ timely filed motions to determine rent. Under section 83.60(2), Florida Statutes, a tenant may avoid default by filing a motion to determine the amount of rent to be paid into the court registry. Here, the tenants filed such motions simultaneously with their answers, supported by documentary evidence of a lease modification due to hurricane damage. The landlord’s motion for default—filed the very next day—inaccurately claimed the tenants had not filed motions to determine rent.
The court held that once a motion to determine rent is filed, the trial court must hold an evidentiary hearing to resolve the factual dispute about the amount owed before any default can be entered.
Key Takeaways
- A tenant who timely files a motion to determine rent under section 83.60(2) has satisfied the statutory requirement and cannot be defaulted before the court resolves that motion through an evidentiary hearing.
- Evidence of lease modification due to hurricane damage—including text messages between landlord and tenant—creates a factual dispute about the rent amount that must be resolved before requiring deposit into the court registry.
- Courts must carefully verify the accuracy of default motions in eviction cases before entering judgment, particularly where tenants have filed responsive pleadings.
Why It Matters
This case is especially timely for Florida practitioners handling post-hurricane eviction disputes. It confirms that tenants who raise legitimate disputes about rent amounts—particularly where the landlord agreed to modified terms due to property damage—are entitled to a hearing before being defaulted. For landlord-tenant practitioners on both sides, the case reinforces that section 83.60(2)’s requirements must be applied with attention to what the tenant actually filed, not merely what the landlord claims in a default motion. The decision protects vulnerable tenants from losing their homes through procedural maneuvering when genuine disputes about lease terms exist.