Lonoke, AR · Member since 2017 · 43 posts · 16 votes
Hi, I have few questions about eviction for out of state investors. Say if you live in Arkansas but you have a property in New York City. If you live out of state do you have to fly out to NYC to fill for eviction and show up for court date to evict someone? Or can you just assign power of attorney to a local eviction lawyer to do the eviction process and I (owner) never have to fly out there?
(My guess) I think I don’t have to fly out for eviction, because for example Donald Trump owns hundreds of property and I don’t think he need to personally show up to court to evict someone. I think lawyers will represent him in court so he don’t have to fly all over US. I’m just guessing not really sure.
While people here on BP are well meaning, they are answering based on their state and/or jurisdiction. You need to find the answer for your state
For example, in Texas the law changed a couple of years ago and you could actually authorize a bum off the street to represent you. While in other states an Attorney is required in circumstances when the property is owned in an entity
Lonoke, AR · Member since 2017 · 43 posts · 16 votes
7y
@Eli Lederman oh no, I was just giving a example. I don’t have any property in NYC. So what you are saying is if I need to fill a eviction, eviction lawyer can represent me in court and the owner of property don’t have to physically Be there in court right? Thanks!
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
7y
Every state, county, parish, municipality, what have you will have different rules for how evictions are processed but generally no, you would not have to be the one present. You can always assign someone to represent you whether that be a lawyer, property manager, or some joe you find on facebook.
Investor · Wellington, KS · Member since 2016 · 256 posts · 188 votes
7y
If the eviction gets set for trial, the lawyer will need a witness. Often that would be the property manager. Most evictions don't go to trial. Your lawyer will be able to answer all these procedural and logistical questions. This is not legal advice.
Real Estate Broker · MI · Member since 2014 · 594 posts · 183 votes
7y
@Jack Ni if you're an LLC when all of this happened then you'll need an attorney regardless. The judge will look at you and know you haven't a clue what you're doing. The first thing out of the judges mouth is, where is your council? You can't just walk up representing yourself if you're an LLC especially in that state.
To answer your question, you can have an attorney present your LLC without you there. The attorney you select should be able to explain how it works. However, if the judge orders you to be there get on your jet and be there.
How do I know? I’ve been where you’re heading and it’s not a short ride.
While people here on BP are well meaning, they are answering based on their state and/or jurisdiction. You need to find the answer for your state
For example, in Texas the law changed a couple of years ago and you could actually authorize a bum off the street to represent you. While in other states an Attorney is required in circumstances when the property is owned in an entity
Hi, I have few questions about eviction for out of state investors. Say if you live in Arkansas but you have a property in New York City. If you live out of state do you have to fly out to NYC to fill for eviction and show up for court date to evict someone? Or can you just assign power of attorney to a local eviction lawyer to do the eviction process and I (owner) never have to fly out there?
(My guess) I think I don’t have to fly out for eviction, because for example Donald Trump owns hundreds of property and I don’t think he need to personally show up to court to evict someone. I think lawyers will represent him in court so he don’t have to fly all over US. I’m just guessing not really sure.
New York requires LLCs to be represented by an attorney.
Investor · Wellington, KS · Member since 2016 · 256 posts · 188 votes
7y
@Eli Lederman Someone must testify to establish the ownership of the property, terms of the tenancy and the evidence supporting eviction like nonpayment of rent. The lawyer can't be a witness and an advocate for you too.
New York, NY · Member since 2018 · 215 posts · 50 votes
7y
@Victor N. my lawyer shows up and represents what I tell him to and I provide him with documentary evidence shall he need to present it before the court
@Eli Lederman Someone must testify to establish the ownership of the property, terms of the tenancy and the evidence supporting eviction like nonpayment of rent. The lawyer can't be a witness and an advocate for you too.
Again, very state/jurisdiction specific. In Texas, I can literally hand a piece a paper with the information to a homeless person on the street and have them represent me
Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
7y
@Greg H.
I'm in the early stages of eviction in TX. I formed an LLC recently..but the lease contract doesn't have the LLC on it since we signed it almost a year ago. It just has my name on it as the land lord. Do I need an attorney to represent me since technically the house is under an LLC now? I don't think my tenant will fight this at all. I highly doubt he'll even show up at court. He's months behind on rent...long story. But I hate to have to hire an attorney to get this thing started.
I'm in the early stages of eviction in TX. I formed an LLC recently..but the lease contract doesn't have the LLC on it since we signed it almost a year ago. It just has my name on it as the land lord. Do I need an attorney to represent me since technically the house is under an LLC now? I don't think my tenant will fight this at all. I highly doubt he'll even show up at court. He's months behind on rent...long story. But I hate to have to hire an attorney to get this thing started.
You will have to show the chain of ownership, assignment of lease. This is to ensure record owner, landlord is filing suit properly, notice, etc. As mentioned, depending on your JP court its very simple and straightforward.
How much is your monthly rent? You're losing that every month but why hate hiring a professional to get a job done that you're unsure about?
The rent is only $1,050. This tenant is flaky and won’t show up to court. He doesn’t have a case. I’ve given him lots of slack and he won’t have a chance.
Property Manager · Indianapolis, IN · Member since 2010 · 1k+ posts · 1k+ votes
7y
@Victor N.
Maybe true in your area, but you can’t say that for the whole US. That is not the case in Indianapolis. I’m a property manager and we never send anyone to court. Attorneys handle it all, and have the paperwork we provide. Usually, one attorney shows up and does several cases in a row. Sometimes dozens.
Real Estate Agent · Salt Lake City, UT · Member since 2014 · 473 posts · 230 votes
7y
@Jack Ni Just have said, I would recommend checking on the rules of the specific state. I have had evictions in Milwaukee, and I Never had to be present for those. I also had an eviction in Utah, and since that is my home state, the lawyer felt it would be helpful for me to be there to testify if need be. That said, the judge did not call on me, so I was not needed there either.
Attorney · Cabot, AR · Member since 2016 · 130 posts · 39 votes
7y
In Arkansas, if you have an LLC, you need an attorney to represent you in court. If you try to represent yourself, the case will be dismissed.
If a hearing is set for an unlawful detainer action (eviction), a witness is usually needed to answer questions about the broken lease, attempts at service, etc. However, there are exceptions. Sometimes, you can provide an affidavit or deposition, rather than appearing in court. You'll need to talk to your lawyer for specific information, when the time comes.
The rent is only $1,050. This tenant is flaky and won’t show up to court. He doesn’t have a case. I’ve given him lots of slack and he won’t have a chance.
So its up to you to take the risk. If you lose, probably just a month delay, limited downside unlike certain plumbing repairs that could flood your entire property.