Landlord/Tenant Law and ProcedureFlorida Judicial College

March, 2006

Judicial Philosophy and Practice

Presented by

Honorable David E. Silvermanand

Honorable Carmine Bravo

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 theEviction Hearing

Courtroom or Chambers

Robed or Disrobed

Judicial Participation

Raising issues – Notice and Defenses

Questioning by the Court

Exercising Discretion

Setting the Hearing – Grace Period by Delay

Timing the Execution of the Writ

Facilitating the Writ

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.