[RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
Baldwin Sod Farms, Inc. v. Corrigan
746 So.2d 1198
Fla.App. 4 Dist.,1999.
Unless it is waived, you should have the right to a jury trial in an eviction as long as there is a question of fact to be answered by the jury. Pretty good analysis. Also, if it is a condo tenant, is it the owner evicting them or the Condo Ass? If it is the owner, I am not even sure how the condo statute or condo docs would impact it as those are typically agreements between the owner and the condo ass., not the owner and tenant. May need more facts to fully address the issue.
James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Pat@hoganlegalservices.com
Sent: Wednesday, February 04, 2015 4:29 PM
To: Landlord Tenant Listserv
Subject: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.commailto:Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
It is my understanding that a jury trial is available to a tenant in an eviction. I don’t think it matters where the rental is. Article I, Section 22 of the Florida Constitution provides that the "right to trial by jury shall be secure and remain inviolate."
For a full legal analysis see Baldwin Sod Farms, Inc. v. Corrigan, 746 So.2d 1198 (Fla. App., 1999)
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Pat@hoganlegalservices.com
Sent: Wednesday, February 04, 2015 4:29 PM
To: Landlord Tenant Listserv
Subject: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.commailto:Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
BTW, a Jury trial cannot be waived by a lease provision for public housing tenants (one of my earlier cases) and for Section 8 tenants.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Pat@hoganlegalservices.com
Sent: Wednesday, February 04, 2015 4:29 PMckoid9
To: Landlord Tenant Listserv
Subject: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.commailto:Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
John McMillan’s leases, for many years, have the tenant waive entitlement to jury trial. I’m waiting for the right case to challenge this.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
“Preserving Independence, Hope and Dignity”
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Wednesday, 04 February, 2015 16:56
To: Pat@hoganlegalservices.com; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
It is my understanding that a jury trial is available to a tenant in an eviction. I don’t think it matters where the rental is. Article I, Section 22 of the Florida Constitution provides that the "right to trial by jury shall be secure and remain inviolate."
For a full legal analysis see Baldwin Sod Farms, Inc. v. Corrigan, 746 So.2d 1198 (Fla. App., 1999)
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Pat@hoganlegalservices.commailto:Pat@hoganlegalservices.com
Sent: Wednesday, February 04, 2015 4:29 PM
To: Landlord Tenant Listserv
Subject: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.commailto:Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
I will keep a lookout Marty. There is a case on a commercial lease on waiver of jury trial but I am with you on a residential lease. Treena Kaye and I beat the Sanford Housing Authority on this issue when they put a jury trial waiver in their lease sometime around 1999 and the housing authority tried to use that case against us.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Wednesday, February 04, 2015 5:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
John McMillan’s leases, for many years, have the tenant waive entitlement to jury trial. I’m waiting for the right case to challenge this.
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
“Preserving Independence, Hope and Dignity”
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Wednesday, 04 February, 2015 16:56
To: Pat@hoganlegalservices.commailto:Pat@hoganlegalservices.com; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
It is my understanding that a jury trial is available to a tenant in an eviction. I don’t think it matters where the rental is. Article I, Section 22 of the Florida Constitution provides that the "right to trial by jury shall be secure and remain inviolate."
For a full legal analysis see Baldwin Sod Farms, Inc. v. Corrigan, 746 So.2d 1198 (Fla. App., 1999)
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Pat@hoganlegalservices.commailto:Pat@hoganlegalservices.com
Sent: Wednesday, February 04, 2015 4:29 PM
To: Landlord Tenant Listserv
Subject: [RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant
Assuming no provision in a rental agreement, is there any prohibition (in the condo statute OR a typical set of docs filed) that prohibits a condo tenant from requesting a jury trial in eviction defense???
Thank you for your thoughts.
Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat@HoganLegalServices.commailto:Pat@HoganLegalServices.com
Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone