Judges Over Juries:
The Importance of Avoiding Jury Trials
for Rental Housing Providers and How to Do So

By: Eric Pettis – Pennsylvania and South Carolina Licensed Attorney with Brownlee Whitlow & Praet, PLLC

      Whether it is an eviction filed against a resident, or a lawsuit filed against a housing provider, opting for a bench trial with a single judge presiding is almost always a better option than proceeding with a jury trial. Let’s explore some reasons why bench trials are usually the better path and also some ways to avoid jury trials.

Why Bench Trials Are the Smarter Choice Over Jury Trials

• Jury Trials Are More Time-Intensive – Unlike bench trials, jury trials require the parties to attend pretrial hearings where legal issues are addressed, including submitting questions each side wishes to ask potential jurors during selection. Parties must then participate in voir dire, the court-supervised process of selecting citizens to serve as jurors, which can last from a few hours to several days. A jury trial itself typically takes longer than a bench trial because it involves additional steps such as jury instructions and deliberations, during which the jury retires to a private room and takes as much time as necessary to reach a unanimous or majority decision, depending on the state and court.
• Jury Trials Are More Expensive – When housing providers hire attorneys to represent them in jury trials—or are required to do so depending on the state and court where the case is tried—attorney fees are generally higher than in bench trials. This increase results from the additional procedural steps and greater legal expertise jury trials demand, making them more complex and time-consuming. Furthermore, even if self-representation is permitted, the significant time commitment required by jury trials can strain a housing provider’s ability to manage their communities, potentially distracting them from day-to-day operations and resulting in costs to the community.
• Jury Trials Are Less Predictable – Unlike a single judge tasked with ruling based on facts and governing law, jury trials involve 6 to 12 members of the public who may base their decisions on a variety of factors or influences. Depending on the jury pool, a housing provider could face jurors who have formed negative biases against housing providers. For instance, some jurors may be swayed by perceptions of housing providers as “oppressors” against the “little guy” (i.e., the resident). While judges can also be influenced by factors outside the law and facts, there is generally a greater probability that a judge’s ruling will be more consistent with the law and less affected by personal opinions/influences as compared to members of a jury.

Ways to Avoid Jury Trials 

• Waiver of Jury Trials Set in the Lease – Depending on the laws of the state where the action is filed, some states will uphold provisions in a contract allowing the parties to waive their constitutional right to a jury trial. Because a lease is a contract, the same principle applies, and many leases include a jury waiver provision in which the resident and housing provider agree to waive their right to request a jury trial—commonly known as a “jury demand”—if either party initiates litigation or if the housing provider files an eviction. Although the lease may be a valid and legally binding contract that was properly executed, the presence of a jury waiver provision does not automatically prevent either party from making a jury demand. If either side makes such a demand, the opposing party must file a formal written motion to have the case proceed as a bench trial, known as a “Motion to Strike the Jury Demand.”
• Using Motions to Strike to Challenge Jury Demands – In Georgia, South Carolina, and North Carolina, courts recognize and may grant a motion to strike a jury demand when the demand is procedurally defective, untimely, or has been waived by the lease. For example, if a party files a jury demand after the deadline set by the court rules or contrary to a valid jury trial waiver in the lease, the opposing party can file a motion to strike the demand, requesting the court to proceed with a bench trial instead. Successfully striking a jury demand can save time, reduce costs, and avoid the unpredictability associated with jury trials, thereby protecting the housing provider’s interests.

Differences Between North Carolina, South Carolina, and Georgia for Jury Trials

• North Carolina – Unlike in South Carolina and Georgia, North Carolina does not allow parties to waive their right to a jury trial through a contract (such as a lease). Additionally, parties do not have the right to request a jury trial in Small Claims Court, where most housing provider-resident cases are heard. Instead, these cases are decided by a judge known as a “magistrate.” However, if a party appeals a ruling from Small Claims Court, they may request a jury trial on appeal, provided the request complies with North Carolina law.
• South Carolina – Most courts in South Carolina will enforce a jury trial waiver provision in a lease if the lease was properly executed. Unlike in North Carolina, parties may request a jury trial in the Magistrate Court, where most housing provider-resident actions are filed. However, if a resident files a jury demand in the Magistrate Court, the housing provider may respond by filing a Motion to Strike the Jury Demand, as discussed above.
• Georgia – Georgia is similar to North Carolina in that jury trials are not permitted in the lower-level court where housing provider–resident disputes are heard, known as Magistrate Court, and may only be requested on appeal. In addition, as in North Carolina, residents in Georgia cannot contractually waive their right to a jury trial in their lease.
  
  

      Bench trials offer housing providers a faster, more predictable, and often less costly path to resolution than jury trials. Including jury trial waivers in leases and using motions to strike improper demands can help housing providers avoid the added risks and delays of jury proceedings. Knowing the rules in your state is key to staying protected. Being proactive with your lease terms and litigation strategy can make all the difference when disputes arise.
      This article provides a general overview. If you have specific questions regarding the application of law or lease language related to jury trials in South Carolina, North Carolina, or Georgia, consider consulting a licensed attorney in the state where your property is located to discuss your options in greater detail.

     
*The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information in this article is for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. Viewers of this material should contact their attorney to obtain advice with respect to any particular legal matter. No viewer of this material should act or refrain from acting on the basis of information in this presentation without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this article does not create an attorney-client relationship between the reader and Brownlee Whitlow & Praet, PLLC or any contributing law firms. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.