Background
Bargain Properties filed an eviction action against tenant Maria Gimenez in April 2025, alleging four months of unpaid rent and attaching a three-day notice. Gimenez responded that her rent was current and that the landlord had neglected conditions rendering the premises uninhabitable.
Before a scheduled rent-determination hearing, the parties reached a partial settlement that the county court ratified. Gimenez could remain rent-free until July 12, 2025, then would voluntarily vacate; the landlord would dismiss the eviction action; and Gimenez would amend her counterclaim within 20 days. Instead, Gimenez sought recoupment of prior rent based on alleged retaliation and asked to remain through December. After she did not vacate as agreed, the landlord moved for a final judgment of removal, which the county court entered.
The Court’s Holding
The Third District affirmed. Although retaliatory conduct may be a defense to possession under Florida’s Residential Landlord and Tenant Act, Gimenez agreed to relinquish possession on July 12 rather than proceed with the rent-determination hearing. That settlement waived her defenses to possession.
Gimenez’s failure to comply with the settlement did not revive those defenses; it entitled the landlord to enforcement of the bargained-for terms and immediate possession. Her challenge that the agreement resulted from duress or coercion could not be reviewed because she supplied no transcripts and did not establish error on the face of the orders. The removal judgment did not decide her counterclaim.
Key Takeaways
- A tenant who agrees to surrender possession in a court-ratified settlement waives existing defenses to possession.
- Breach of that settlement does not restore waived possession defenses.
- An appellant challenging fact-dependent rulings must provide an adequate record, including necessary transcripts.
Why It Matters
The decision underscores the expedited and possession-focused nature of Florida eviction proceedings. A tenant may have statutory defenses, including retaliation, but a negotiated agreement to vacate can supersede those defenses as to possession.
It also illustrates the practical consequence of an incomplete appellate record: without transcripts or facial legal error, an appellate court will not disturb a trial court’s rejection of a duress or coercion claim.