Who can file eviction court on your behalf?

8 Replies

If you live out of state, flying in to file can be costly.  Can I hire someone else (not an attorney) to file the initial eviction paperwork for a tenant not vacating after a 30 day notice or do I as the owner have to do this?

My strategy was to see if having someone else doing the initial filing would help get the tenants out if they see actual legal activity, and if that didn’t work I would hire an attorney.

Thanks!

What state? 

Is the landlord an individual or an entity?

If you as an individual are the owner/landlord, you can likely sign the paperwork and have a process server or other hire file the paperwork. 

Most states require corporations and other entities to be represented by an attorney... but there can be dollar value thresholds.

The property is in Kentucky, and I'm the landlord/owner.

Thanks!

i have filed complaints in court through the mail several times, although not real estate related. this was in new jersey, but i imagine most states have a process. try calling the court and asking how to file from out of state

@Cynthia Stith if you are out of state you may have a property manager in place since you are more hands off. Your PM can file your behalf but you will have to sign some stuff. Just depends on the county if they are familiar with the PM and how strict the courts are. If your property is held in an LLC or corporation then you must have an attorney represent you regardless. Maybe in your best interest to just hire an attorney since the cost is minimal and probably less costly than taking a flight just for eviction court.

In Wisconsin a Property Manager may file the case for you, but you must attend the court hearing yourself, or someone employed by you.

The answer to your question should be found in your state landlord tenant regulations. Learning your state regulations is your start point and a priority for all owners/Landlords to know.

my property manager does them on my behalf, I never even see the paperwork, but my company name is on the file, and the PM appears in court for me.

my PM is employed by me to manage property, so they appear on my behalf


Originally posted by @Mario Alexandrou :

In Wisconsin a Property Manager may file the case for you, but you must attend the court hearing yourself, or someone employed by you.

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