In Gimenez v. Bargain Properties, Inc., No. 3D25-1343, slip op. at 3–6 (Fla. 3d DCA Oct. 28, 2026), the Third District affirmed a judgment of removal following a negotiated partial settlement in a residential eviction case.
The agreement and the dispute
The landlord sought eviction for alleged unpaid rent. The tenant disputed the allegations and asserted claims concerning conditions at the property. Instead of proceeding with a hearing to determine rent to be paid into the court registry, the parties agreed that the tenant could remain rent-free until a specified date and would then vacate. The trial court ratified the agreement.
After the tenant did not vacate as agreed, the landlord sought a judgment of removal. The trial court entered the judgment, and the tenant appealed.
The appellate court’s reasoning
The Third District concluded that, by agreeing to relinquish possession on the specified date, the tenant waived her defenses to possession; her failure to comply did not revive them. The court also declined to resolve her coercion argument on the available record. The opinion notes that the removal judgment did not resolve the counterclaim. Gimenez, slip op. at 5–6.
Why it matters
A settlement that sets a date for surrender can have significant consequences for possession. The result depends on the agreement, the record, and the issues actually resolved. The opinion was marked not final until disposition of any timely rehearing motion.