Florida Eviction Alert: Burkes v. Rama 80 LLC Breakdown

A recent decision from the Florida Third District Court of Appeal provides important lessons for landlords—particularly corporate landlords—seeking to evict tenants for nonpayment of rent. In Burkes v. Rama 80 LLC, the appellate court reversed a final judgment of eviction and underscored critical procedural safeguards that landlords must observe. This article highlights the case’s key takeaways and offers guidance for landlords to avoid similar pitfalls.

1. Florida’s Motion to Determine Rent: Critical Procedure

Florida Statutes § 83.60(2) requires a tenant to, within 5 days of service of process, deposit back due rent as alleged in an eviction complaint or to file a motion to determine rent if they dispute the amount owed along with supporting documents showing the amount alleged is in error. The court in Burkes held that the trial court erred by ordering the tenant to deposit rent into the court registry without first holding an evidentiary hearing on her motion to determine rent. The tenant had asserted that she and the landlord orally agreed to reduced rent and provided receipts as evidence.

Lesson: Why Ignoring This Motion Reversed the Eviction

If a tenant files a motion to determine rent, the court must resolve it before ordering a rent deposit or entering default. Landlords should be prepared to present evidence and defend the claimed rent amount in a hearing. Ignoring the motion, or pushing forward without resolving it, can lead to the eviction being overturned.

2. Corporate Landlords: Florida’s Attorney Requirement

The complaint in Burkes was filed on behalf of a corporate landlord but was not signed by an attorney. Florida law is clear: corporations cannot represent themselves in contested court proceedings.

Lesson: The Costly Mistake of Self-Representation

Corporate landlords must retain legal counsel to file the eviction and to handle contested residential evictions. A pleading signed by a non-attorney representative of a corporation is a legal nullity. Any action taken based on such a pleading may be invalid and reversed on appeal.

3. Court Registry Rent: Evidence Requirements in Florida

In Burkes, the trial court ordered the tenant to pay the full amount claimed in the complaint ($647/month) without resolving her claim that the agreed-upon rent was only $200/month. The court also failed to acknowledge that the tenant had filed a valid motion to determine rent.

Lesson: How to Prove Rent Owed for Court Deposits

Before requiring rent to be deposited into the court registry, courts must determine—based on evidence—how much rent is legally owed. Landlords should not assume the amount claimed in the complaint will automatically be accepted, especially if the tenant disputes it. Having clear, written proof of owed rent is critical to succeeding on the eviction.

4. Accuracy in Eviction Filings: Avoiding Judicial Reversals

In this case, the landlord filed motions that inaccurately stated the tenant had not filed any responsive documents or a motion to determine rent, when in fact she had.

Lesson: How Misstatements Doomed the Landlord

Making inaccurate or misleading statements in court filings can damage credibility and cause judicial error, leading to reversals on appeal. Always ensure your filings are factually accurate and fully disclose the procedural history.

5. Documenting Rent Agreements: Florida Landlord Must-Do

The tenant in Burkes supported her claim of a $200/month rent agreement with receipts dating back nearly a year, showing consistent payment at that rate.

Lesson: Why Payment Receipts Trump Oral Agreements

Landlords should keep detailed records of rent agreements—whether oral or written—and document all payments. If accepting a lower amount temporarily, be sure to document it as a temporary accommodation, not a permanent modification of the rent amount.

6. Why Florida Evictions Demand Attorney Involvement

This case highlights the procedural landmines in even straightforward nonpayment evictions. A failure to comply with procedural rules—including giving tenants a fair opportunity to contest rent owed—can nullify the eviction and delay recovery of the property.

Lesson: Procedural Landmines in Contested Evictions

Work with a knowledgeable landlord-tenant attorney, especially in contested cases. Small errors—like an improperly signed complaint or ignoring a tenant’s rent dispute—can derail your case entirely.

Florida Eviction Compliance: Non-Negotiable Rules

Burkes v. Rama 80 LLC is a cautionary tale for landlords: strict compliance with legal procedures is not optional. Corporate landlords must retain counsel, the court must resolve disputed rent amounts before ordering payment, and tenants must be given due process when they contest the rent owed. Avoid shortcuts, document all agreements, and respond accurately and timely to tenant filings.

For landlords needing legal representation or guidance in eviction proceedings, particularly in Florida, seeking competent legal counsel is not just a best practice—it is a legal necessity.