The Florida Third District Court of Appeal has upheld an emergency order stopping the execution of a writ of possession in a commercial landlord-tenant dispute in Miami.
The case involved an action for eviction of Ayalaโs client who rents a commercial property for its business. Ayalaโs client has been at the same location for nearly 20 years.
In July, the Landlord sold the property to a new owner. The new owner, unwilling to honor Ayalaโs client lease which would end in 2027, manufactured a series of bogus violations and filed for eviction based on those.
Pursuant to Florida Statutes, and a court order, Ayalaโs client was instructed to deposit the rent due in the court registry while the lawsuit for possession was ongoing. Ayalaโs client did so.
Notwithstanding the fact that Ayalaโs client deposited the rent in the court registry, the Landlord quickly moved for a default order alleging the tenant had deposited the rent late, in violation of the order.
Ayala, retained at the last minute, filed an emergency motion to stay the order ending appeal. The court granted the motion and immediately, the Landlord filed an emergency motion to lift the stay which the court denied.
The Landlord then filed a motion in the Third District Court of Appeal requesting an order undoing the stay of the default judgment, and therefore the writ of possession of the property.
The appellate court ordered expedited, 5-day submissions. You can read Ayalaโs submission here.
On December 27, 2024, the Third District Court issued an order denying the undoing of the stay of the writ of possession. You can read the order here.
As stated by attorneyย Eduardo A. Maura: โThis effectively is a win for our client, who will be able to have his full arguments heard on appeal, and can stay in his property while he works on his transition from this landlord.โ
For more information about commercial Landlord Tenant issues,ย contact one of our experienced real estate attorneys at 305-570-2208. You can also email our founding partner, Eduardo Maura, directly atย eduardo@ayalalawpa.com.ย ย ย ย
We at Ayala Law PA are dedicated to helping those in legal need. Please donโt hesitate toย schedule a case evaluation with us online here.ย ย ย
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].ย ย
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