Florida Tenant Registry Deposit Rule (Fla. Stat. s. 83.60)

Under Fla. Stat. s. 83.60(2), a Florida tenant who defends a landlord's possession action with anything other than payment must pay rent into the court registry, or file a motion to determine the amount, within 5 days (excluding Saturdays, Sundays, and legal holidays) after service of process. If the tenant does neither, the statute treats it as an absolute waiver of every defense other than payment.

When the registry rule applies

Section 83.60(2) says: "In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, 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."

Subsection (2) is not limited in its text to nonpayment cases, though its own example is a defective 3-day notice (the nonpayment notice in s. 83.56(3)). Subsection (1)(a) is the part that speaks of an action for possession "based upon nonpayment of rent."

The defenses the statute names include:

• A material noncompliance by the landlord with s. 83.51(1). Under s. 83.60(1)(b) it may be raised "if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof."
• A defective 3-day notice. Section 83.60(1)(a) adds: "The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action."
• Retaliatory conduct under s. 83.64.
• "any other defense, whether legal or equitable."

A tenant who raises only a defense of payment is outside the registry requirement.

The five-day window

The statute says "The clerk shall notify the tenant of such requirement in the summons." The deadline is "within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process."

Section 83.60 does not define "legal holidays." The court-observed-holiday rule in s. 83.56(3) is written "for the purpose of this section," so do not assume it carries over. The statute also sets no time of day. Ask the court clerk which days the court excludes and when the deadline ends.

What must be deposited

• The accrued rent "as alleged in the complaint or as determined by the court."
• Rent that accrues while the case is pending, "when due." Unless otherwise agreed, periodic rent is payable at the beginning of each rent payment period (s. 83.46(1)).
• Public housing tenants or tenants receiving rent subsidies are "required to deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they are participating."

If the deadline is missed

Section 83.60(2) provides: "Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant's defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon."

The waiver covers every defense other than payment. The statute does not provide a late-deposit exception.

When the tenant disputes the rent amount

A tenant who thinks the complaint overstates the rent can file a motion to determine the amount instead of depositing the alleged figure. Filing the motion within the same 5 days is one of the two ways to avoid the waiver. The statute adds: "If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required."

The statute does not say what documentation qualifies or how fast the court must rule. The deposit is then the rent "as determined by the court." Those details are for the clerk or a Florida attorney.

Section 83.61: release of the funds to the landlord

Section 83.61 applies when the tenant has deposited funds under s. 83.60(2) and "the landlord is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income from the premises." The landlord may then apply to the court for disbursement of all or part of the funds or for a prompt final hearing. After a preliminary hearing the court "may award all or any portion of the funds on deposit to the landlord or may proceed immediately to a final resolution of the cause."

Worked example (2026 dates)

A tenant is served with the summons and complaint on Friday, October 16, 2026, and wants to raise a defense other than payment. This counts from the day after service, the plain reading of "after the date of service of process"; the statute does not spell out a counting method, so confirm with the clerk. Saturday and Sunday are skipped, so day 1 is Monday, October 19, then Tuesday the 20th, Wednesday the 21st, Thursday the 22nd, and day 5 is Friday, October 23. This assumes none of those days is a legal holiday for the court. By that Friday the tenant must pay the registry or file a motion to determine the amount. Rent that falls due later in the case must be paid when due.

Common mistakes

• Counting Saturdays, Sundays, or legal holidays toward the 5 days.
• Assuming a particular holiday is excluded without asking the clerk.
• Waiting past day 5. The statute calls the waiver "absolute."
• Paying only the part of the rent the tenant thinks is right instead of filing a motion to determine the amount. The statute names the amount alleged in the complaint or the amount the court determines.
• Forgetting rent that accrues during the case, which must be paid "when due."
• Disputing the amount in conversation or in a letter without filing the motion and supporting documentation.

Chapter 83 does not say how to draft the motion, what court fees apply, or how a county court schedules hearings. Those are outside Chapter 83: ask the court clerk, and see a Florida landlord-tenant attorney if a defense has been raised.

Sources

• Fla. Stat. s. 83.60 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.61 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.51 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.64 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.56 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.46 — Florida Senate, 2026 Florida Statutes

Related guides

• Florida Security Deposit Deadline Calculator (2026) (free tool)
• Florida Security Deposit Law: The 15-Day / 30-Day Timeline (2026)
• Florida Notice of Intent to Claim a Security Deposit (Template)
• What Happens if a Florida Landlord Misses the 30-Day Deposit Deadline
• Florida 3-Day Notice to Pay Rent or Vacate: Form, Counting, Service
• Florida 7-Day Notice: Cure vs. Unconditional Quit
• Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)
• Can Florida Landlords Send Legal Notices by E-mail? (s. 83.505)
• Florida Landlord Entry Rules: Notice Before Entering (s. 83.53)
• Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)
• Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices
• Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)
• Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers
• Florida Writ of Possession: The 24-Hour Rule (Fla. Stat. s. 83.62)
• Florida Double Rent for Tenant Holdover (Fla. Stat. s. 83.58)
• Void Lease Clauses in Florida Rentals (Fla. Stat. s. 83.47)

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.