[RPPTL LandTen] Jurisdiction Question

Tue Sep 27 13:41:27 PDT 2011

It is true that county court has jurisdiction over the possession count.  However, what if the tenant disputes the amount of rent due and files a motion to determine the amount of rent due?  Does the county court have jurisdiction to adjudicate and enter an order that tenant deposit an amount of money that exceeds its jurisdictional limit?  I’m not so sure on that.  

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

301 Yamato Road, Suite 1240

Boca Raton, Florida 33431

Telephone: (561) 226-4628

Facsimile: (561) 994-6693

Email:  ajhorky.law at gmail.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, September 27, 2011 4:30 PM
To: lesstevens at earthlink.net; RPPTL Landlord Tenant Committee
Cc: 'James Reyer'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

County court has jurisdiction of “pure” possession actions no matter how much rent is in default. If there were a second count for damages in excess of $15,000, then you could move to transfer to circuit court

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Tuesday, September 27, 2011 4:26 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'James Reyer'
Subject: [RPPTL LandTen] Jurisdiction Question

Stupid Question time:

I have a commercial client who owes rents significantly in excess of the $15k jurisdiction of the County Court. Suit is filed in County Court ONLY for eviction. Can this be sustained, or do I have a basis for moving the Court to transfer the case to the Circuit Court despite there being no demand for money?

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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