Florida Statutes 250.5202 – Actions for rent or possession by landlord during state active duty
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 250.5202
- Active duty: means full-time duty in active military service of the United States. See Florida Statutes 250.01
- Dependent: A person dependent for support upon another.
- Servicemember: means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. See Florida Statutes 250.01
- State active duty: means full-time duty in active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with…. See Florida Statutes 250.01
An eviction, distress action, or requirement for deposit of accrued rent into the registry of the court, as provided in part II of chapter 83, may not proceed against any member who is called into state active duty during the period of such state active duty or active duty if the servicemember has given written notice to the affected landlord with regard to any premises where the agreed upon rent does not exceed $1,200 per month and where the rental unit is occupied chiefly as a residential dwelling by the servicemember, the servicemember’s spouse, or dependent. The court may on its own motion and shall, on application, stay the proceedings for not longer than 3 months unless, in the opinion of the court, the ability of the tenant to pay the agreed rent has not been materially affected by reason of state active duty or active duty.