Why is a landlord of rental property not allowed to go to court over an eviction of a tenant?
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Why is a landlord of rental property not allowed to go to court over an eviction of a tenant?
I was hired by the rental property owners to be the landlord. We have 1 tenant that hasn’t paid rent in 3 months so I served the 3-day pay or vacate. Nothing happened so I was informed from the owners to start the eviction process. I went down and got the unlawful detainer packet, filled it out, filed it and had it served. I went to court yesterday on the case and the judge dismissed the eviction saying since I was not the property owner or an attorney and that I had no right to even talk on the matter.
Asked on July 21, 2011 Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When you filed the unlawful detainer action for the landlord against the tenant as the landlord's designated agent, did you plead that you were the agent (property manager for the owner)?
At the court hearing, did you tell the judge that you were the authorized property manager and agent for the landlord concerning the dispute with the tenant and your agreement with the landlord allowed you the right to bring a lawsuit in the landlord's name against the tenant? If not, and there was evidence that you were not the owner of the property that was being leased, the judge dismissed the case because you did not own the proeprty and you did not have the contract with the tenant that was being sued upon.
In the future, you should have a written agreement signed by the landlord as the agent for the leased property stating your duties and powers as authorized by the owner, including the right to bring a lawsuit against the tenant in the landlord's name.
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