Background
FLN Properties, LLC owned commercial property in St. Petersburg that was leased to Standard Service Station 1501 34th Street South, St. Petersburg, LLC. First Stop Food Mart, Inc. later occupied the property and claimed that it possessed the premises under an earlier lease with a prior owner. FLN sued Standard Service for eviction and First Stop for unlawful detainer, alleging that First Stop lacked authorization to occupy the property.
The county court ordered First Stop to deposit $5,391.98 in monthly rent into the court registry on the first day of each month. First Stop made the required deposits until June 2025. Because June 1 fell on a Sunday, First Stop deposited that month’s rent on Monday, June 2. The county court applied Florida Rule of General Practice and Judicial Administration 2.514(a), treated the payment as timely, and denied FLN’s motion for a default judgment. FLN petitioned the Second District for mandamus relief.
The Court’s Holding
The Second District granted the petition and directed the county court to issue a writ of possession to FLN. Under section 83.232(5), Florida Statutes (2025), failure to deposit rent as required by a court order constitutes an absolute waiver of the tenant’s defenses and entitles the landlord to an immediate default for possession without further notice or hearing. Once First Stop failed to deposit the June rent by the date specified in the unmodified order, the county court had no discretion to excuse the noncompliance.
The court held that rule 2.514(a) did not extend the payment deadline. That rule governs the computation of a “period of time,” such as a stated number of days, weeks, or months. The rent order instead required payment on a specific recurring date—the first day of each month—so its Sunday-extension provision did not apply. First Stop could have paid before June 1 or sought a modification of the rent order in advance.
Key Takeaways
- A commercial tenant must strictly comply with an unmodified court order requiring rent deposits under section 83.232.
- A payment deadline fixed as the first day of each month is a date, not a “period of time” extended by rule 2.514(a) when it falls on a Sunday.
- After a tenant misses a court-ordered registry payment, section 83.232(5) requires an immediate default for possession and leaves the trial court no equitable discretion to excuse the delay.
Why It Matters
The decision underscores the severe consequences of even a one-day delay in court-ordered rent deposits in Florida commercial tenancy litigation. Tenants facing a weekend or holiday payment date should deposit funds early or obtain a modification before the deadline rather than assume procedural time-computation rules will extend it.
For landlords, the ruling confirms that mandamus is available to compel possession when a trial court refuses to perform the ministerial duty imposed by section 83.232(5).