Narrative Opinion Summary
The trial court's order requiring the appellant to deposit accrued and accruing rent into the court's registry is affirmed. Under subsection 83.232(2), Florida Statutes (1999), if a tenant contests the amount owed, the court's review is limited to factual and legal determinations regarding what constitutes rent under the lease and any credits for prior payments. The court refrains from addressing the trial court's interpretation of the lease's abatement clause, as this issue is to be resolved at trial rather than in proceedings under section 83.232. The decision is affirmed, with Judges Peterson and Thompson concurring.
Legal Issues Addressed
Interpretation of Lease Provisions in Rent Disputesubscribe to see similar legal issues
Application: The trial court's interpretation of the lease's abatement clause is not addressed, as it is deemed a matter for trial rather than preliminary proceedings.
Reasoning: The court refrains from addressing the trial court's interpretation of the lease's abatement clause, as this issue is to be resolved at trial rather than in proceedings under section 83.232.
Judicial Review under Subsection 83.232(2), Florida Statutessubscribe to see similar legal issues
Application: The court's review is confined to determining the factual and legal aspects of what constitutes rent under the lease and any applicable credits for prior payments when a tenant contests the amount owed.
Reasoning: Under subsection 83.232(2), Florida Statutes (1999), if a tenant contests the amount owed, the court's review is limited to factual and legal determinations regarding what constitutes rent under the lease and any credits for prior payments.
Requirement to Deposit Rent in Court Registrysubscribe to see similar legal issues
Application: The trial court's order for the appellant to deposit accrued and accruing rent into the court's registry is upheld, signifying compliance with statutory requirements.
Reasoning: The trial court's order requiring the appellant to deposit accrued and accruing rent into the court's registry is affirmed.