Ayala has obtained an emergency order stopping the execution of an order of possession (a “writ of possession“) in a commercial Landlord Tenant dispute.
The case involves an action for eviction of Ayala’s client who rents a commercial property for its business. Ayala’s client has been at that location for nearly 20 years.
In July, the Landlord sold the property to a new owner. The new owner, unwilling to honor Ayala’s client’s 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, Ayala’s client was instructed to deposit the rent due in the court registry while the lawsuit for possession was ongoing. Ayala’s client did so.
Notwithstanding the fact that Ayala’s 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 arguing that the order required that the rent be deposited “accordance with the lease” and not on the first of the month, as falsely argued by the Landlord’s lawyer.
The court granted the motion and immediately, the Landlord filed an emergency motion to lift the stay which the court denied, siding again with Ayala’s client.
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 Third District ordered expedited, 5-day submissions. You can read Ayala’s submission here.
Stay tuned for more developments on this case.
For more information about commercial Landlord Tenant issues, contact one of our experienced real estate attorneys at 305-570-2208. You can also email our founding partner, Eduardo Maura, directly at eduardo@ayalalawpa.com.
We at Ayala Law PA are dedicated to helping those in legal need. Please don’t hesitate to schedule a case evaluation with us online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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