Why is a landlord of rental property not allowed to go to court over an eviction of a tenant?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption