[RPPTL LandTen] Eviction - Jury trial - Condo rental Landlord/Tenant

[James Zink]

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 at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Pat at 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 at HoganLegalServices.com<mailto:Pat at HoganLegalServices.com>

Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone
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