Fla. Stat. § 83.40 et seq. § 83.61
Disbursement of funds in registry of court; prompt final hearing.
Operative Text
When the tenant has deposited funds into the registry of the court in accordance with the provisions of 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 apply to the court for disbursement of all or part of the funds or for prompt final hearing. The court shall advance the cause on the calendar. The court, after preliminary hearing, 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.
Florida Statute § 83.61 establishes a mechanism by which a landlord can seek early access to rent funds that a tenant has deposited into a court registry during a dispute. If the landlord can demonstrate actual danger of losing the property or significant financial hardship from the lost rental income, a court may release some or all of those deposited funds before the case is fully resolved. Alternatively, the court may fast-track the case to a final hearing rather than releasing funds in advance.
Plain English — not legal advice.
Under Fla. Stat. § 83.61, a landlord who is experiencing genuine financial hardship—such as risk of foreclosure or inability to cover property expenses—because rental income is being held in the court registry may petition the court for early disbursement of those funds. Operators who pursue this remedy typically document the specific financial danger they face, such as mortgage delinquency or imminent loss of the property, to support the application. The court may grant partial or full disbursement after a preliminary hearing, or it may instead schedule an expedited final resolution of the underlying dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Fla. Stat. § 83.61, when a tenant has properly deposited rent into the court registry pursuant to a dispute, the landlord has the right to ask the court to release those funds early if the landlord claims financial hardship. Tenants should be aware that a court can award some or all of the deposited funds to the landlord even before the case concludes, following a preliminary hearing. Tenants facing such a motion may wish to consult a tenant-rights organization or legal aid provider to understand how to present their position at any preliminary or expedited hearing held under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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