My question is if I pay the rent into the Registry of the courts and all applicable fees will this cease the eviction?

Asked about 2 years ago - Miami, FL

I received a Summons stating I was being evicted from my residence for non payment of July 2012 rent and that I must pay the rent into the Registry of the courts or vacate the premises...

Attorney answers (4)

  1. Sheryl Ann Edwards

    Pro

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . Unfortunately for you the answer is No. You had a right to cure your default in the rental agreement only for 3 business days after you received the notice of default that was posted to your door. Unless you have other defenses to the eviction action, the landlord will likely prevail in the eviction.

    However, by posting rent to the registry of the court, you are entitled to go to trial and explain your situation to the judge. If you make an agreement with the landlord to reinstate your lease and pay the landlord's expenses to bring the eviction action against you, you may be able to stay in your home. You may want to contact your landlord or your landlord's attorney to see if you can make this agreement before trial. Good Luck!

    This information is being provided for informational purposes only and is not to be taken as legal advice or to... more
  2. Jacqueline Alicia Salcines

    Pro

    Contributor Level 16

    Answered . Yes if you deposit the rent for which you were served then the complaint should be dismissed

  3. Dennis Andrew Chen

    Pro

    Contributor Level 17

    Answered . Ms. Salcines is incorrect. Merely paying the outstanding rent and fees into the court registry does not assure you that the complaint will be dismissed. It allows you to get to mediation or trial and to move forward with the case. Without payment the court will quite often enter default and you will be evicted without any opportunity to be heard by the judge.

    No attorney-client relationship is created by answering questions in this public forum. If you wish to create an... more
  4. Kevin Luis Deeb

    Contributor Level 10

    Answered . I agree with some of the attorneys in that the case won't go away by depositing money in the court registry. It was also mentioned that without depositing, you will not get a chance to make an argument with the Judge. While this is true, you must also file an answer to the complaint. The deposit is not enough.

    Truth be told, there are many available defenses that you may have - particularly when the landlord filed the eviction without the help of an attorney. Many landlords "go it alone" which leads to many mistakes that are fatal to the eviction action. BUT, without depositing and answering, you will not be able to make any of those arguments.

    This is an opinion based on limited information and is therefore not intended to be legal advice. A thorough... more

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