What do I do if my Tenant requests a Jury Trial?

Sometimes you’re stuck with that one Tenant that always pays late and just does not know how to leave. So, you have gone to trial in the Justice Court. They’ve appealed it. And now you’re at trial in the County Court.

One big complication is that the Tenant has a right to a jury trial. If the Tenants asked for a jury in the Justice Court, they will likely do the same in the County Court.

And if a Tenant asks for a jury trial, you can get delayed significantly. Generally speaking, the case should only last four to eight weeks on appeal. But sometimes it’s hard to impanel a jury. Especially, if you’ve got a number of other cases in front of you. The idea that you’re going to get heard quickly is just not a guarantee.

So, if a Tenant requests a jury, you’ve got to think of a better way of resolving this case. In fact, sometimes I tell clients, “You’re better off paying them money to leave.” And now you are probably thinking, “No, I’m not reading this blog anymore.”

But it’s simple math. If it’s going to delay the process by two months, you’re losing two months of extra rent, right? Because even if you get heard in two months, that doesn’t mean that they get out.

Maybe, they’re paying their rent into the court’s registry. That helps. But some creative bargaining is really helpful in cases like this.

If a Tenant demands a jury, you’re going to have to get creative. And potentially, you’re going to have to make them willing to make some concessions. That might mean

a)    Some kind of agreement that results in Dismissing the Eviction;
b)    Waiving certain fees, or
c)     Waiving certain amounts just to speed up the process.

If they know that request for jury is the “ultimate delay tactic,” and all they want to do is stay anyway, and they’re paying their rent into the registry, you may be stuck with this Tenant for two to three additional months which is not something that you want.

So, if you make it attractive for them to leave, you might be able to get them to leave.

When the Tenants ask for a jury trial, they pay the jury fee and get a three-month delay. But if they stop paying into the court’s registry, you have every right to file a hearing in front of the judge in the County Court and ask for an immediate Writ. However, if you don’t know how to do that, you can be in some trouble.

So, if you have a Tenant who has filed an appeal, and on appeal they’ve requested a
jury, don’t just wait for the hearing. Get proactive and find a creative way to bargain with that Tenant to get them out.

If it’s about a repair, make the repair. If it’s about some other squabble between you and them, you might have to make a concession. But if it’s about rent, and they’re paying rent into the registry, you’re going to have to present something to them that they find attractive that either

a) fixes the problem that have caused the eviction to be filed in the first place, or
b) motivates them to leave.

And if that’s what you want the most, you may have to make a concession. You may also have to shell out some money. However, that’s not always the case. Getting creative can involve all sorts of things, including a Motion for Summary Judgment, which could resolve the whole case without a trial at all!

If you need somebody to talk to about, there’s me. Jury trials and eviction matters are a huge complication. But they can be avoided with good bargaining or a proper Motion.