Investor · San Francisco, CA · Member since 2015 · 302 posts · 206 votes
I have a commercial 6-plex that is in the name of a LLC. I just went the courthouse to try and file an eviction for non payment of rent and someone there told me that I HAVE to have it done by a lawyer because it's in the name of a corporation. However I got the impression that she might be mistaken.
I then contacted an eviction attorney and she also said it must be done by a lawyer for the same reason. But it occurs to me that of course a lawyer might say that in order to get the business.
Anyone know if it's required I use a lawyer as they say?
They're correct. Think of a LLC, or a corporation, as a separate legal entity with the power of an artificial person according to the law (i.e. enter into contracts, bring a lawsuit, etc). If you were to go into court as a non-attorney and represent that LLC or corporation, you'd essentially be representing another "person" in court and therefore practicing law without a license. You can represent yourself (in pro per) without being licensed, but not someone else.
They're correct. Think of a LLC, or a corporation, as a separate legal entity with the power of an artificial person according to the law (i.e. enter into contracts, bring a lawsuit, etc). If you were to go into court as a non-attorney and represent that LLC or corporation, you'd essentially be representing another "person" in court and therefore practicing law without a license. You can represent yourself (in pro per) without being licensed, but not someone else.
Pardon my ignorance on the matter, but aren’t PM’s able to handle unlawful detainer proceedings??
They might be able to "handle" the case for the owner so the owner doesn't have to worry about it, but if the property is held by a LLC/corporation they'll need an attorney to file the unlawful detainer lawsuit (and represent them in court) just like everyone else. The PM would likely testify as a witness in the proceedings about things like unpaid rent or other lease violations (or whatever the basis is for the UD lawsuit) so the owner doesn't have to personally appear in court.