[RPPTL LandTen] Jurisdiction Question

Tue Sep 27 15:27:30 PDT 2011

This seems like an issue that might be ripe for a legislative fix.  The rent deposit statute was intended to speed up the process of eviction for non-payment of rent.  It appears that it may be having the opposite effect.

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, September 27, 2011 4:41 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction Question

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.

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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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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?

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