Palm Beach Marketplace, LLC v. Aleyda's Mexican Restaurante, Inc.

Commercial landlord Palm Beach Marketplace, LLC, asks this court to compel the trial court to enter a default and writ of possession in its favor. We grant the petition because the tenant, Aleyda’s Mexican Restaurante, Inc., failed to comply with the statutory requirements of section 83.232, Florida Statutes. We recognize the tenant’s dispute about when the rental payment was due; however, the landlord pointed to the terms of the lease which provide for payment to be made on the first of the month despite any course of conduct to the contrary. See §§ 83.232(1) & (5), Fla. Stat. (2011); Park…