[RPPTL LandTen] Litigation Question - Waiver of Counterclaims

[Arthur J. Menor]

Is a lease provision like the following of any significant benefit to a landlord:

TENANT WAIVES THE RIGHT TO INTERPOSE ANY NON-COMPULSORY COUNTERCLAIM OF ANY NATURE IN ANY ACTION TO OBTAIN POSSESSION OF THE PREMISES


In the past, it was a tenant strategy to attempt to delay an eviction by filing a counterclaim that exceeded the jurisdiction of the County Court to get the case transferred to Circuit Court where it would proceed on a slower track.  Provisions such as the one above were included in leases to counter this strategy.  Are most of the counterclaims that a tenant would pursue compulsory so that nothing significant is gained by a waiver such as this?

In Palm Beach County there is an Administrative Order that provides that if an eviction action is transferred to Circuit Court that the County Court Judge will hear the case as a temporary Circuit Court Judge.  Are there similar orders in other circuits?

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Arthur J. Menor
Partner
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