Legal Topics

Landlord-tenant — Eviction — Jurisdiction — County court — Where amount in controversy of tenant’s counterclaims in eviction action exceeded $15,000

Sep 13th, 2020 in News by admin

Landlord-tenant — Eviction — Jurisdiction — County court — Where amount in controversy of tenant’s counterclaims in eviction action exceeded $15,000, and counterclaims raised contested issues regarding title and existence of rent-to-own agreement within exclusive jurisdiction of circuit court that are required to be resolved in residential eviction action before landlord-tenant statute can be applied, county court should have transferred entire case to circuit trial court — Further, where there is allegation that occupancy agreement was for more than one year, proper cause of action to remove tenant is ejectment, over which circuit court has subject matter jurisdiction — All orders issued by county court are reversed and case is remanded for transfer to circuit court