Can i real estate litigation case be litigate in a county other than where the house is located? owner live in one county

Asked 11 months ago - Hollywood, FL

the owner of the property live in one county and the property is located in a different county. can a rental property be litigated in a county other than where the property, house is located? real estate litigation?

Attorney answers (3)

  1. Michael H Fayard II

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    Contributor Level 10

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    Answered . Generally speaking, yes you can. Your question, in legal parlance, is called "venue." Venue requirements are set forth in ยง47 et. seq., Florida Statutes. While the Statute, or the lease typically control where venue is established (most real estate leases specify something similar to: "any dispute arising out of or related to this Lease shall be solely in the county of ABC, State"), there are other factors that can change venue. For instance, without a venue provision, such as the one mentioned above, you may still be able to bring an action in a location that is not the situs (place of) of the rental property, if the rent was to be paid in another county. Where the rent was to be paid could generally establish venue.

    In order to provide a better answer, however, more information is needed (e.g. what are you suing for, where is the landlord versus where the rental property is located).

    The response posted above is provided for informational purposes only. Responses such as this, based on limited... more
  2. Nicole Bloom Dion

    Contributor Level 5

    Answered . You would have to review the contract to determine venue. Certain types of real estate matters must be litigated where the property is located if the property itself is at issue per the statutes.

  3. Philip John Berenz

    Pro

    Contributor Level 8

    Answered . Depends on State jurisdiction and venue issues/rules but, sometimes, yes.

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