Florida Landlords: How to Enforce a Jury Trial Waiver

Florida Landlords: How to Enforce a Jury Trial Waiver

For landlords who lease commercial properties, contractual details can make or break a case in court. The recent decision in Pierre’s Caribbean Cuisine LLC v. LeaseFlorida LLC (3rd DCA 2025) underscores an essential lesson: if a landlord wants a tenant or guarantor to waive their right to a jury trial, that waiver must be explicitly included in both the lease agreement and the guaranty—and must be signed by the tenant.

Case Breakdown: Why the Landlord Lost Over a Missing Jury Trial Waiver

In Pierre’s Caribbean Cuisine LLC v. LeaseFlorida LLC, 50 Fla. L. Weekly D619a (3rd DCA 2025), the landlord (LeaseFlorida LLC) and tenant (Pierre’s Caribbean Cuisine LLC) entered into a commercial lease agreement. At the same time, the principal of the tenant company, Ananias Pierre, signed a separate personal guaranty for the lease. The guaranty included a jury trial waiver—a common clause that landlords often rely on to ensure disputes are settled by a judge rather than a jury.

However, when disputes arose and litigation followed, the tenant demanded a jury trial. The landlord sought to enforce the jury trial waiver, arguing that since the principal of the tenant company had signed the guaranty, the waiver should apply to the tenant. The trial court initially agreed with the landlord and proceeded with a non-jury trial. But on appeal, the 3rd DCA appellate court reversed the trial court’s decision, ruling that:

  • The lease agreement itself did not contain a jury trial waiver.
  • The guaranty (which contained the waiver) was signed only by the individual guarantor, not by the tenant.
  • There was no language in the lease that incorporated the guaranty or its waiver provision into the lease.

As a result, the appellate court ruled that the tenant never agreed to waive its right to a jury trial and was therefore entitled to one. The entire judgment was vacated, and the case was sent back for further proceedings.

4 Critical Takeaways for Landlords on Enforceable Jury Trial Waivers

This case serves as a cautionary tale for landlords who want to ensure that jury trial waivers are enforceable. Here’s what landlords must take away from this decision:

1. A Lease Agreement Must Contain a Jury Trial Waiver

The most critical takeaway is that if a landlord wants to prevent a tenant from demanding a jury trial, the waiver clause must be explicitly included in the lease agreement itself. A waiver hidden in a separate document—such as a personal guaranty—will not bind the tenant unless the tenant has expressly agreed to it.

2. A Guaranty Agreement Alone is Not Enough

In this case, the guaranty contained a valid jury trial waiver, but it was only signed by the guarantor in his individual capacity—not as a representative of the tenant company. The court ruled that the waiver could not be extended to the tenant, meaning that a waiver in a guaranty does not automatically apply to the tenant unless the tenant has also signed it.

3. The Lease Must Reference and Incorporate the Guaranty (If Needed)

Even if a jury trial waiver exists in a guaranty, it may still be unenforceable if the lease agreement does not specifically reference and incorporate the guaranty. In this case, the lease did not mention the guaranty, meaning there was no contractual link between the two documents. Landlords who want provisions from a guaranty to apply to the lease agreement must include explicit incorporation language in the lease.

4. Signatures Matter – Make Sure the Tenant Signs the Waiver

The court emphasized that a jury trial waiver must be knowingly and voluntarily agreed to by the party being bound. If the tenant is to be bound by such a waiver, the tenant must sign a document containing the waiver. Simply having a guarantor sign a waiver is not enough.

How Landlords Can Protect Themselves: Best Practices for Jury Trial Waivers

To avoid costly legal disputes and ensure that jury trial waivers hold up in court, landlords should implement the following best practices:

  • Include a clear jury trial waiver in the lease agreement itself—not just in a separate guarantee.
  • Ensure that the tenant signs the waiver. If the waiver is in a guaranty, make sure the tenant, not just the guarantor, signs the document.
  • If relying on a guarantee, reference and incorporate it into the lease agreement to establish a direct contractual connection.
  • Work with an attorney to review lease agreements and guaranties to ensure they comply with legal requirements.

Key Reminder: A Well-Drafted Lease Saves Landlords from Costly Disputes

The Pierre’s Caribbean Cuisine LLC case is a stark reminder that legal disputes often come down to what’s written in the contract—and who signed it. Landlords who want to avoid the unpredictability of jury trials must take proactive steps to ensure their agreements contain properly drafted and executed jury trial waivers. By explicitly including these waivers in lease agreements and ensuring they are signed by the tenant, landlords can protect their interests and avoid costly litigation pitfalls.