A Florida court has upheld an eviction ruling against Sze Lee, a tenant who contested her eviction from a rental property. The Third District Court of Appeal ruled on July 14, 2021, affirming the lower court's decision to evict Lee after she failed to comply with legal requirements during the eviction process. This ruling highlights the responsibilities of tenants in eviction cases, particularly during the ongoing challenges posed by the COVID-19 pandemic.
The case, Sze Lee v. 1510 N.E. 109 St., LLC, stems from a dispute between Lee and her landlord, 1510 N.E. 109 St., LLC. The landlord issued a notice to Lee on September 12, 2020, informing her that her month-to-month tenancy would end on September 30, 2020. The landlord claimed that the property was not covered under the CARES Act, which provides certain protections against eviction for tenants affected by the COVID-19 pandemic. Lee attempted to negotiate her rental terms, citing concerns about her health and the risk of homelessness due to the pandemic.
After Lee did not vacate the premises, the landlord filed a complaint for eviction on October 6, 2020. Lee responded to the complaint, arguing that the landlord had violated the Centers for Disease Control and Prevention (CDC) order regarding evictions during the pandemic. She claimed that the eviction would endanger her health. However, when served with a summons and complaint for eviction on October 8, 2020, Lee failed to respond as required by law.
The landlord then moved to strike Lee's answer and sought a default judgment, stating that Lee had not paid any rent into the court registry or filed a motion to determine the amount owed. The court granted the landlord's motion, leading to a final judgment for eviction and removal of Lee from the property. Lee appealed this decision, arguing that the complaint did not specify an amount of rent due, and therefore, she was not required to file a motion to determine the amount.
The court ruled that Lee's obligation to pay rent into the court registry was clear under Florida law. Judge Hendon, writing for the court, stated, "The tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due." The court emphasized that Lee's defenses were unrelated to non-payment of rent, which meant she was required to either pay the rent into the court registry or file a motion to determine the amount owed.
The ruling clarified that tenants must adhere to specific legal requirements when contesting evictions. The court noted that Lee had been served with clear instructions in the eviction summons, which outlined the steps she needed to take to contest her eviction. The summons stated, "IF YOU DO NOT DO ALL OF THE THINGS SPECIFIED ABOVE WITHIN FIVE (5) WORKING DAYS... YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE."
Ultimately, the court affirmed the lower court's decision, stating that Lee's failure to follow the required steps justified the judgment against her. The ruling serves as a reminder to tenants of their responsibilities in eviction proceedings, particularly the importance of responding to legal notices and complying with court requirements.
This ruling impacts tenants throughout Florida, particularly those facing eviction during the ongoing pandemic. It reinforces the necessity for tenants to understand their rights and obligations under the law, especially when navigating the complexities of eviction processes. The decision also highlights the importance of clear communication between landlords and tenants regarding rental agreements and eviction proceedings.
Looking ahead, it remains to be seen whether Lee will seek further legal action or appeal the decision to a higher court. The court's ruling is final unless a motion for rehearing is filed within the specified time frame. As the landscape of rental agreements and eviction laws continues to evolve, this case may set a precedent for future disputes between landlords and tenants in Florida.