My tenant for a non Payment eviction owes like 10 months of rent, and is claiming warranty of habitability issues. His legal aid lawyer has asked for a jury trial( in a village court). The judge said they will have a jury and scheduled it for the end of October or November. The case started in June. I am representing myself so far. Has anyone else gone through this? He has a lot of frivolous claims. Supposedly a former roommate will testify on his behalf. I will be the only one testifying on my behalf. --76.38.xxx.xxx

Where is this in NY? I think you need to get an attorney to represent you,i have never heard of a jury trial for an eviction, sounds like a stunt by a do gooder legal aid attorney.You wont stand a chance,there goal is to get tenants on the jury and they will hate you.Is this even a proper or legal way to do an eviction? --137.184.xx.xxx

I guess I should have had a waiver of trial by jury in my lease. I did not. Supposedly the court selects the jury of 6 beforehand without either sides input. The jury can decide the amount owed but judge has final say, and to make sure rules are followed. I believe he will try to make up or exaggerate conditions to get money off. This is my first jury trial for landlord tenant court. If tenant wants jury trial they are entitled to it with $10 fee in village court. I’m way upstate --76.38.xxx.xxx

I am in Fulton county, i think you need an attorney to determine if this is even legit.Has anyone heard of eviction by jury anywhere in the country? --137.184.xx.xxx

I can't imagine the time and costs associated with a jury trial for all the evictions that take place in my little county. --107.147.xx.xx

Unbelievable! What Ken said - Definitely. --73.215.xxx.xx

The landlord tenant handbook by the attorney general mentions that it is legal for trial by jury for landlord tenant. --76.38.xxx.xxx

I am going to look into that,i wonder if we can put something in a lease saying both parties agree to only have an eviction in front of a judge? i would suggest you may want to drop the money portion of this hearing and bring that in small claims court.I would like you to consider hiring an attorney if nothing more than precident for future hearings.Nothing personal but i am afraid you will get creamed by a legal aid attorney with noone representing you --137.184.xx.xxx

If a rich landlord donates money to a school that teaches law, they can give that person an honorary degree in law. --173.205.xxx.xxx

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My rental agreement has a clause to waive trial by jury. I was under the impression that this was a must. --64.246.xxx.xx

Jury trials for evictions are typically based on your State Constitution. If Ohio has the right under certain circumstances then NY will most likely have it. You can just take that right away with a lease clause. --208.102.x.xxx

JAC- did you mean to say you cant take that right away with a lease clause? --137.184.xx.xxx

Oops you are correct. YOU CAN'T take it away with a lease clause. --208.102.x.xxx

that is what i thought you meant. i am afraid you are probably correct.it doesnt seem reasonable to possibly have 6 people on this jury who hate landlords and will just rule any way they want.If John will tell us when the trial is set what the date and time is and if it is near me i would like to go to see how this goes --137.184.xx.xxx

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Date and time hasn't been set yet cause they have to find a jury panel. It will be in village of Solvay, near Syracuse. Court is only held once a week in the evening, and over the summer it was once a month. I Think criminal might be a few evenings or afternoons per week so it isn't a full time court at least for staffing judges. He will owe 11 months of rent by the time of trial which is about $9000. I offered $7000 if he was out by October and he wanted to be paid $500 to leave with no judgement.The lawyer didn't want his client to me pay anything, and seemed disappointed I didn't have a lawyer that he could negotiate with. I would like to find a lawyer if they won't charge an arm and a leg as the tenant likely will never pay, although he may inherit his mother's house in the next few years which is worth $300k. Tenant may choose to just live there if he does not have siblings that want him to sell it. --76.38.xxx.xxx

I am about 2 1/2 hours east.I wish you luck.let us know what happens.You having a lawyer doesnt help the do gooder lawyer negotiate if you dont allow your attorney to negotiate.Get the judgment if at all possible,if he inherits the house but doesnt move you can initiate foreclosure proceedings against it if for no other reason than to return the problem he created to begin with. --137.184.xx.xxx

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Do you belong to a local LL Assoc? If not consider joining one and ask for some references to a LL lawyer. Many general lawyers are not very familar with landlord/tenant laws. --73.126.xx.xxx

Preempt them and ask for mediation. In mediation where the mediator is considered neutral the tenant might admit to more things that are their fault than they would in front of a judge --172.59.xxx.xxx

Does your lease require written notice when repairs are required? If it does, have you received these written notices? --24.101.xxx.xxx

John, just a thought but i think the law requires an eviction to be heard in a certain timeframe,you may be able to force the judge to push this up to sometime this moonth.Also typically the date of the eviction is determined before the tenant is served, did you have the tenant served then the legal aid attorney attempted to have it postponed? --137.184.xx.xxx

The tenant showed up on the assigned day. The new eviction law gives at least a 2 week adjournment at their request,and the judge only holds court at certain times and because of the summer, I am assuming she may have been away making it a month out. Limitations caused by assembling a jury aren't going to change things. The tenants attorney was ready for trial, but the judge said she could empanel a jury, and would set it up since that is what he requested. My lease does require written notice of repairs but I doubt a jury is going to give that much weight if they say mentioned things were broken. --76.38.xxx.xxx

It was probably just a stunt to get it extended out longer than otherwise would have been but i dont like the idea of 6 welfare recipients deciding your case --137.184.xx.xxx

It didn't go well ... I was awarded only 1/2 my losses. Never again. --198.168.xx.xxx

The Seventh Amendment to the United States Constitution ensures the right to a trial by jury in any civil lawsuit involving claims valued at more than $20. In addition, the amendment prohibits the courts from overturning a jury’s findings of fact in civil suits. --71.174.xx.xx

Interesting, what happens if one asked for a jury for a civil lawsuit and was denied it by the judge? Trial went forth and the plaintiff who requested the jury lost... --174.106.xx.xxx