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An Easy-to-Understand Guide to Jurisdiction in Eviction Cases | Brian Chase - Atlas Law

The word “jurisdiction” gets thrown around a lot in just about every legal discussion, but what does it really mean? And, when it comes to eviction cases, why is it important? Here’s a brief but easy to understand guide on the definition of jurisdiction and why it matters in all cases, especially eviction cases.

Overall, jurisdiction is the right of an entity to make laws and judgments for people and corporations living within the control of the entity. In our system of government, there are multiple layers of jurisdictions. For example, starting at one of the lowest levels, a city is a jurisdiction in that the city is allowed to make laws governing the citizens who live within the city. Counties and states are jurisdictions for residents within their boundaries, just like the United States is for all of its citizens.

In legal cases, jurisdiction is extremely important because this will determine what laws are applicable to a particular person, a piece of property, or court action. A familiar example of this is the debate over whether a piece of property is located within the jurisdiction of the city or of the county. If the city has different laws regarding usage of property than the county, it is extremely important to determine in which jurisdiction the property is located so the appropriate law can be applied to the issue.

Eviction cases are an excellent example of where jurisdiction plays a major role in both the expense of bringing the case and the potential outcome. This is because eviction laws are occasionally set by the local governmental entity—that is, either the city or the county in which the property is located. Evictions must be heard in the jurisdiction in which the property is located.

You see where this is going, right? That means that if you have multiple properties across multiple jurisdictions with a legal issue, you cannot consolidate them or have them all heard in one place. And, if that’s not enough, some jurisdictions have some rules for landlord-tenant situations that could be different than a neighboring jurisdiction. For example, one jurisdiction may require mediation prior to entry of a final judgment, while other jurisdictions may allow you to bypass mediation.

Since you cannot clone yourself to attend all of these hearings or learn all of the different laws applicable in the different jurisdictions, you would need to hire multiple lawyers and law firms, (one from each jurisdiction!) to be able to advise you as to that particular jurisdiction’s rules.

It does not have to be this way. Attorney Brian Chase with Atlas Law provides legal services for landlords in all counties in Florida. Atlas Law offers a “one-stop shop” for clients ranging from those with multiple properties in multiple jurisdictions to small clients with one or two properties in one or two jurisdictions. Atlas Law can advise you no matter the jurisdiction within Florida and can provide representation in tenant situations as needed. Contact us today to get started.