Transcript Landlord/Tenant Presentation Florida Judicial College

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

Venting

Clarifying Issues

Creating Alternatives

Inspiring Humanity

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.

This concludes the Judicial
Philosophy and Practice portion of
the presentation on Landlord Tenant
Law.