Clerk’ s CORNER
by Karen E. Rushing Clerk of Court and County Comptroller
Navigating Unclaimed Funds in Eviction Cases
In eviction proceedings, unclaimed funds deposited into the court registry can become a point of contention. These funds typically represent rent payments made by tenants during the pendency of the case. While the Clerk of Court is responsible for holding these funds, it is essential to understand that the Clerk cannot disburse them without a court order specifying the rightful recipient.
Pursuant to Florida Statute 83.232, a tenant must pay rent into the court registry during an eviction action under most circumstances. The Clerk must retain those funds until further order of the court. The Clerk does not have discretion to release funds to either party, landlord or tenant, without the court’ s authorization. A court order is required to determine entitlement and authorize disbursement.
Where an eviction case has been dismissed, either by Order of Dismissal or Notice of Voluntary Dismissal, and where no request for disbursement is made within 30 days of disposition, the Clerk is authorized, under Administrative Order No. 2019- 6.1, to release the rent payments to the party that deposited them.
To prevent delays, ensure proper case closure, and direct disbursement to the proper party, address registry funds early. When representing parties in tenant eviction matters, request a determination from the court regarding the proper disposition of any funds held in the registry before final disposition of the case. Doing so helps ensure timely disbursement in accordance with the court’ s ruling. �
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