Survey of State Laws Governing the Right to Trial by Jury in Eviction Proceedings

Abstract

The survey contains both a cumulative and detailed account of the laws of each state governing a party's right to trial by jury in an eviction proceeding. The survey reports that most states provide for some right to a jury trial in eviction proceedings. In many of these states, access to a jury in eviction proceedings is unrestricted, while in other states it is permitted only when certain conditions are satisfied. Some states permit access to a jury trial only in later stages of eviction proceedings, citing the need for efficiency in the preliminary stages of the action. A handful of states expressly prohibit access to a jury in eviction matters; several of these states have resolved that actions for possession are matters in equity, and a right to a jury trial is reserved only for claims at law. However, several other states have found that an action for possession of real property is an action at law.

The survey was developed to serve as a resource for policymakers and housing advocates exploring opportunities to improve the laws in their state by having easy access to the comparable laws enacted elsewhere. It is also intended as a resource for attorneys, legal services organizations, housing counseling agencies, or others practicing in the field of landlord-tenant law or policy.

The information used in developing this survey was obtained through an exhaustive review of each state’s constitution and relevant statutes and court rules, as well as a thorough review of appellate court opinions interpreting its constitution or a relevant statute or providing guidance in the absence of constitutional or statutory directive. The survey encompasses a review of each state’s laws current through September 30, 2022.

Keywords: Landlord, Tenant, Eviction, Action for Possession, Restitution, Jury, Constitution, Constitutional, Action at Law, Inviolate

JEL Classification: K00, K10, K11, K40, K41, K49