Right to jury trial
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Right to jury trial (by Beverly [MO]) Jan 17, 2019 12:47 PM
       Right to jury trial (by Moshe [CA]) Jan 17, 2019 1:43 PM
       Right to jury trial (by Robert J [CA]) Jan 17, 2019 5:13 PM
       Right to jury trial (by Moshe [CA]) Jan 17, 2019 6:26 PM
       Right to jury trial (by Ken [NY]) Jan 17, 2019 6:29 PM
       Right to jury trial (by CJ [MO]) Jan 17, 2019 7:11 PM
       Right to jury trial (by Scott [IN]) Jan 18, 2019 7:12 AM
       Right to jury trial (by Mike SWMO [MO]) Jan 18, 2019 7:17 AM
       Right to jury trial (by Steve [MA]) Jan 18, 2019 7:31 AM
       Right to jury trial (by Barb [MO]) Jan 18, 2019 7:32 AM
       Right to jury trial (by CGB [MI]) Jan 18, 2019 7:55 AM
       Right to jury trial (by S i d [MO]) Jan 18, 2019 8:06 AM
       Right to jury trial (by Robert J [CA]) Jan 18, 2019 8:38 AM
       Right to jury trial (by David [MI]) Jan 18, 2019 8:48 AM
       Right to jury trial (by Moshe [CA]) Jan 18, 2019 9:57 AM
       Right to jury trial (by Moshe [CA]) Jan 18, 2019 9:59 AM
       Right to jury trial (by myob [GA]) Jan 18, 2019 11:45 AM

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Right to jury trial (by Beverly [MO]) Posted on: Jan 17, 2019 12:47 PM
Message:

State Specific Question About: MISSOURI (MO)

Supreme Court of MO states that tenant has the right to a jury trial(in case of rent & possession). If you have a statement in your lease stating "in the event of any legal actions, the landlord and tenant agrees to a bench trial and agrees to wave any rights to a jury trial" , can the tenant still request a jury trial and receive it? --162.225.xxx.xxx




Right to jury trial (by Moshe [CA]) Posted on: Jan 17, 2019 1:43 PM
Message:

" can the tenant still request a jury trial and receive it? "

MAYBE.

State law will trump lease clause.

CA had similar situation. Judges won't admit such a lease clause.

--47.139.xx.xxx




Right to jury trial (by Robert J [CA]) Posted on: Jan 17, 2019 5:13 PM
Message:

My lease has a provision that the prevailing party is limited in collecting only $500 in legal costs from the loosing party. Disputes should be settled either by Small Claims Court or by arbitration.

One of my tenants who moved out, allowed their adult children to move into the unit without my permission. Since I had no agreement with the adult children, I couldn't collect any past due rent -- I only could evict.

In eviction court the tenants wanted a jury trial. I explained to the court that I'm not responsible, under my lease, for paying costs above $500 -- which doesn't even cover day 1 of a jury trial. The judge didn't seem to care, my tenants were entitled to their day in court.

My attorney filed a separate motion, the tenants must post a bond to cover costs or the court will have to "eat it", I wasn't going to take responsibly for evicting squatters or non

paying occupants moving in without an agreement.

They got their jury trial. Half way though the trial I presented documents and proof that I had rented the unit to a single mom with no other occupants on the lease or living in the rental. I had the tenant thrown out utility bills in the mom's name. The adult kids said they had the gas and power in their names, but no receipt. I proved otherwise.

So after a lunch break, they didn't show up to continue the trial. I won by default.

--47.156.xx.xx




Right to jury trial (by Moshe [CA]) Posted on: Jan 17, 2019 6:26 PM
Message:

Bottom line is, that a trial by jury of one's peers is a fundamental right in America. LL cannot override that right by anything he chooses to put into the lease, even if the tenant signs it.

LL CAN however, limit the amount of attorney fees that the prevailing party can be awarded. No attorney fees will be awarded unless there is an agreement between the parties, so LL can draft the agreement to be that only enough attorneys fees to complete an uncontested eviction can be awarded. That means that the case will not be very attractive to an attorney, so the contesting tenant will have to appear on his own and risk having to pay LL's attorney's fees for a jury trial.

--47.139.xx.xxx




Right to jury trial (by Ken [NY]) Posted on: Jan 17, 2019 6:29 PM
Message:

Robert j,how could you collect no past due rent? I would bring the eviction in the parents name who were on the lease and win that every time,pretty basic --72.231.xxx.xxx




Right to jury trial (by CJ [MO]) Posted on: Jan 17, 2019 7:11 PM
Message:

Will the waive of Jury trial and legal fee limitation work on tenant's guests and visitors too? --97.91.xxx.xxx




Right to jury trial (by Scott [IN]) Posted on: Jan 18, 2019 7:12 AM
Message:

Moshe and Robert,

Why not simply word the lease so that LL and tenant pay all of their own attorney fees? --107.141.xx.xxx




Right to jury trial (by Mike SWMO [MO]) Posted on: Jan 18, 2019 7:17 AM
Message:

CJ Seems to me Moshe pretty much answered your question...Assuming the info is correct. I have no reson to doube it isn't correct.

CJ (MO) ask Will the waive of Jury trial and legal fee limitation work on tenant's guests and visitors too?

Moshe (CA) said Bottom line is, that a trial by jury of one's peers is a fundamental right in America. LL cannot override that right by anything he chooses to put into the lease, even if the tenant signs it.

--173.187.xxx.xx




Right to jury trial (by Steve [MA]) Posted on: Jan 18, 2019 7:31 AM
Message:

One of the jury cases I served on involved a dispute over a muffler repair. The trail tied up 30+ people for a jury pool, a court room, a judge, a clerk, several court officers and 6 jurors & 2 alternates for 3/4 of a day for a repair that cost less than $80.00. After the case was over before we got dismissed the judge, he explained that in the US any disputes that involves at least $20.00 has the right to be heard by a jury. IMO it would have been for cost effective for the court just to give the plaintive $80.00 & never called us in to serve. --96.237.xx.xx




Right to jury trial (by Barb [MO]) Posted on: Jan 18, 2019 7:32 AM
Message:

I have a passage about that in my lease as well. My lawyer put it in a few years ago. I figure that it might thrown out if it ever really comes up. Make sure you have the statement in your lease that if one clause is deemed void that it does not prevent enforcement of other clauses. I don't remember the legal wording and don't have mine handy right now. --64.251.xxx.xxx




Right to jury trial (by CGB [MI]) Posted on: Jan 18, 2019 7:55 AM
Message:

Scott, that is exactly what I have in my lease. Each party is responsible for their own legal fees. Why? I want to dissuade tenant lawyers for taking the case. I have an asset that potentially could be garnished and the tenant usually doesn't have significant assets. --107.130.xxx.xx




Right to jury trial (by S i d [MO]) Posted on: Jan 18, 2019 8:06 AM
Message:

One thing to consider: jury trial is seldom, if ever, done in small claims court where the land lord's petition originates. Several sources I have consulted say that Missouri doesn't allow jury trials at all in small claims; thus, I can only guess that a tenant who is not satisfied with small claims would have to either appeal after the fact or would have to file counter-suit.

I'm not an expert on legal appeals, but I think the judge for a jury trial would need to see extremely good cause to allow the tenant to demand something that extensive when 99% of the time the tenant owes the rent and simply didn't pay it. Even our unsophisticated judges here in flyover country know when someone is blowing smoke and/or wasting the court's time.

Also, while I understand the jury of one's peers right, I think that applies to criminal cases and some civil cases. However, I believe the right CAN be waived for civil matters. They only have the right to "request", not to "demand and receive" a jury in civil.

Unpaid rent/possession doesn't seem to fit the criteria of a case that guarantees a right to jury trial, but I could be wrong on that as I have never formally studied law.

This link has more info: uscourts.gov/about-federal-courts/types-cases/civil-cases

Sid's 2-cent legal opinion: it's worth what you paid for it! Call/email your attorney for a worthwhile opinion. --173.20.xxx.xxx




Right to jury trial (by Robert J [CA]) Posted on: Jan 18, 2019 8:38 AM
Message:

Here in Los Angeles the courts bend over backwards to accommodate tenants, squatters and anyone in possession of a rental. Landlords are second class citizens who offer "No value" to the community.

Unless a landlord has a track record of receiving payment from a tenant or occupant, without a contract, you can not collect back rent from a guest, squatter or anyone else. All a landlord can do is evict in eviction court. Once out, you can file a claim in small claims court and try to collect proving that this person lived there and didn't pay any rent and because of this, I wasn't able to rent the unit/property to a paying tenant. --47.156.xx.xx




Right to jury trial (by David [MI]) Posted on: Jan 18, 2019 8:48 AM
Message:

"he explained that in the US any disputes that involves at least $20.00 has the right to be heard by a jury. "

But if you only file for eviction and not a money judgement, does that get around a jury trial? --199.247.xx.xxx




Right to jury trial (by Moshe [CA]) Posted on: Jan 18, 2019 9:57 AM
Message:

" Why not simply word the lease so that LL and tenant pay all of their own attorney fees? "

Not Legal.

Attorney fees are awarded to PREVAILING PARTY IFF there is any agreement agreement for attorney fees to be awarded. Thats the party that wins.

I am POSITIVE that it is no different in MO.

OTHERS: Many states (CA included) do not permit jury trials in Small Claims Court. But most states do not hear eviction cases in Small Claims Court and thus allow jury trials for eviction cases.

A clause that each party be responsible for their own legal fees IS acceptable. Remember that the starting consideration for attorney fees to be awarded is that there be an agreement about attorney fees, or else no award is permitted.

" Make sure you have the statement in your lease that if one clause is deemed void that it does not prevent enforcement of other clauses. " NOT GOOD ADVICE, because the judge may think that the one that drafted the lease is trying to be sharp and to get away with something. A better idea is a clause that clearly states that MO ATTORNEY FEES are to be awarded is better. A modification of that is a clause that limits attorney fees to the explicit sum that an attorney would be awarded for handling an uncontested eviction.

Sid, its not up to the judge. Its the law. And its a right, and you must demand it to get it. Eviction is a serious matter, it means dispossessing someone from their home for whatever reason. A tenant is entitled to let a jury decide.

--47.139.xx.xx




Right to jury trial (by Moshe [CA]) Posted on: Jan 18, 2019 9:59 AM
Message:

OOPS.

That NO attorney fees, not MO attorney fees.

--47.139.xx.xx




Right to jury trial (by myob [GA]) Posted on: Jan 18, 2019 11:45 AM
Message:

Moshe CA that's how it is in GA. Prevailing party. Keeps frivolous suits down. --99.103.xxx.xxx



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