What to do if I have rented out property that is in my mom’s name with permission but now that we must file an eviction against them my mom refuses to go to court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I have rented out property that is in my mom’s name with permission but now that we must file an eviction against them my mom refuses to go to court?
The guy there is a friend of mine but is on hard times and cannot afford rent anymore He owes me $1200. I have served a 7 day notice as required by law. I have read all of state law but it says nothing about subletting evictions. So I have a forcible detainer complaint that my mother has signed and I had notarized but the lease was signed between me and the tenant not my mother. The real problem with this is that my mom refuses to go to court. Not really sure what to do. Should I go ahead and file the eviction in my mom’s name or in mine as a sublet? I cannot find any information on how to evict a subtenant. I seriously doubt that the tenant will even show up to court.
Asked on October 16, 2012 under Real Estate Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Okay let's start with the basics. First, do you have a lease agreement with your Mother for the property or were you acting as her agent at the time you signed the lease? If you were acting as her agent you generally have to have some agreement in writing to sign legal documents on her behalf. That would be an agency agreement or a POA. If you had a lease are you living there with the tenant? Then you are considered to be the "landlord" in this situation but you and your Mother may have to be on the eviction proceedings. Some advice: get legal help here because local laws will govern and if you do the paperwork wrong then the court will throw it out and you will have to start all over again. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.