Thursday, October 16, 2008

Piccard on Residential Evictions in Florida

Ann Piccard (Stetson) has posted Residential Evictions in Florida: When the Rent is Due, Where is the Process? on SSRN.  Here's the abstract:

Florida's residential eviction statute requires that a tenant who is sued for eviction must deposit into the registry of the court any alleged past-due rent. This never happens because tenants are either ignorant of the requirement, are unable to deposit the money, or choose to simply move on. If the past-due rent is not deposited with the court, the tenant is not permitted to raise any defenses in court, meaning the landlord always wins. It is wasteful to require landlords and courts to address issues the results of which are virtually always in favor of one party. Further, the law ignores basic notions about the human need for housing. The law serves no purpose, and should be changed.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

https://lawprofessors.typepad.com/property/2008/10/piccard-on-resi.html

Real Estate Transactions, Recent Scholarship | Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d8341bfae553ef010535884e5e970b

Listed below are links to weblogs that reference Piccard on Residential Evictions in Florida:

Comments

My daughter received her eviction papers the other day. The reason she is being evicted is because when she paid her sept. rent the apartment complex accepted her rent when it was late. So she thought that she would be able to pay her late fee for sept with her next months rent. When she tried to pay her oct. rent she also had the $100.00 for the sept late fee also. They wouldn't accept it because the late fee turned into over $300.00. She couldn't afford that so they served her with eviction papers. She is to respond to the court by today. Any way they said that the late fee is called additional rents. Is that lawful????? We live in Florida. Is there a law I can find to see if they can call a late fee additional rents????

Posted by: cmc | Oct 30, 2008 5:02:32 AM

Post a comment