LandlordTenant Presentation Florida Judicial College March 2009 Judicial

Landlord/Tenant Presentation Florida Judicial College March, 2009 Judicial Philosophy and Practice Judge Carmine Bravo Judge David Silverman

Learning Objectives Apply pertinent law to specific landlord/tenant issues. Conduct a final eviction/damages hearing. Develop a personal judicial style and philosophy in landlord/tenant cases.

Setting the Stage for the Eviction Hearing Courtroom or Chambers Robed or Disrobed

Judicial Participation Raising issues – Notice and Defenses Questioning by the Court

Should a judge ask questions of witnesses in a pro se eviction trial? Your Decision – Judge Questioning No – 1 Initial Questioning – 2 Clarifying Questioning – 3 Substantial Questioning – 4 1 2 3 4

Purposes of Mediation in Eviction Cases n Venting n Clarifying Issues n Creating Alternatives n Inspiring Humanity n Reducing Trauma

Should you help the parties try to settle the case? Your Decision – Facilitating Settlement Yes, usually – 1 Not Typically – 2 No – 3 1 2 3

Exercising Discretion Setting the Hearing – Grace Period by Delay Timing the Execution of the Writ Facilitating the Writ

Would you delay execution of a writ of possession based upon tenant’s request and extenuating circumstances? Your Decision – Delay the Writ Yes – 1 No – 2 1 2

Would you facilitate issuance of a writ of possession upon landlord’s request and loss of rental income? Your Decision – Facilitate the Writ Yes – 1 No – 2 1 2

When would you schedule an eviction hearing despite the Tenant’s failure to deposit? Your Decision – Extenuating Circumstances Evict Absent Deposit – 1 Hearing on Partial Deposit – 2 Hearing on Defective Notice – 3 Mitigating Circumstances – 4 1 2 3 4

FACIALLY DEFICIENT NOTICE

Seven Things You Shouldn’t Be Thinking When Deciding an Eviction Case

7. Hey, wasn’t the landlord a big campaign contributor?

6. Geez, this place is so awful, I better evict them for their own good.

5. How about if I ask, “Could you begin to pay in three or four months? ” and see if the landlord does anything I can hold him in contempt for.

4. Staring a hole through the tenant, I could say, “I take it this is a violation of the no-animals provision. ”

3. I bet the realtor has some great locations to put my signs.

2. If I leave the tenants in, I can probably pick up this property really cheap.

1. If I don’t summarily evict or dismiss, there’ll be a long hearing.

n This concludes the Judicial Philosophy and Practice portion of the presentation on Landlord Tenant Law.