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Re: Property Manager filing on behalf of an LLC - Landlord Forum thread 247906







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Re: Property Manager filing on behalf of an LLC by Katiekate (New York) on February 11, 2012 @12:23

                              
In New York the property manager must be licensed. Otherwise..everything is signed and handled by an attorney.

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Re: Property Manager filing on behalf of an LLC by Anonymous on February 11, 2012 @14:46 [ Reply ]
In Florida, the property manager does not have to be a licensed real estate broker to be authorized by the owner to bring the eviction action. In this particular case, the property manager happens to be a licensed broker, but that is not the question.
We are unsure how to format the signature on the complaint when a property manager is signing the complaint.
    Re: Property Manager filing on behalf of an LLC by Anonymous on February 11, 2012 @16:39 [ Reply ]
    Property is acting as an agent of LLC. Is he an attorney-in-fact for the LLC? If so, he would use that designation. Is he an agent of the LLC? If so, he would use that designation.
      Re: Property Manager filing on behalf of an LLC by Miller Property LLC (Florida) on February 11, 2012 @17:19 [ Reply ]
      This has been the most frustrating question. I've tried other avenues before trying this blog, and no one knows the answer.
      Here's the question again: There is an approved form that allows a property owner (whether the owner is an individual or a corporation) to authorize a "property manager" to bring an eviction action on their behalf. Under the FL Bar re: Advisory Opinion-Nonlawyer Preparation of and representation of Landlord in Uncontested Residential Evitions, 627 So.2d 485 (Fla. 1993). A property owner fills out a simple form titled: Owner's Authorization for Propety manager to Bring Eviction Action. This allows a property manager to bring the eviction and SIGN the eviction complaint.......
      So, my question is, how does the property manager sign?
      What is the proper format for the signature? Would it look like this ...
      ____________________________
      Miller Company LLC, a Florida Limited Liability Company
      by: Jane Doe, it's property manager

      or should it look like this?
      ____________________________
      Jane Doe, property manager
      O/B/O Miller Company LLC

      How does a property manager, who is not an attorney, or an attorney-in-fact, or a principal of the company they are filing for .... How do they sign the complaint?
    Re: Property Manager filing on behalf of an LLC by Katiekate (New York) on February 12, 2012 @09:29 [ Reply ]
    I didn't say a licensed real estate broker....

    nope...

    Licensed Property Manager.
    Even if you have a real estate brokers license..doesn't make any difference...
    you need a licensed PROPERTY MANAGER... or a lawyer.
      Re: Property Manager filing on behalf of an LLC by Miller LLC (Florida is different than N.Y. (Florida) on February 12, 2012 @10:16 [ Reply ]
      Florida is different than N.Y. In Florida, you can be designated as the "property manager" for purposes of filing an eviction if you are the one who is in charge of the "day-to-day management of your real estate. For example, the V.P. of an LLC may be the one who handles the real estate management (licensed or not) and, as long as the principal of the LLC submits the FL Supreme Court form designating the V.P. as the "property manager", the V.P. can file a residential eviction for possession only. The Supreme Court form is called ... Owner's Authorization for Property Manager to Bring Eviction Action. If the eviction becomes a contested eviction, then the LLC must be represented by a lawyer. :)
      Re: Property Manager filing on behalf of an LLC by MrDan (Georgia) on February 12, 2012 @12:03 [ Reply ]
      Florida Laws allow a property manager to file some evictions. The property manager can file an eviction based on nonpayment of rent, provided the lawsuit does not seek a money judgment and provided that there is something in writing showing that the property manager has the owner’s permission to file the eviction. Also, the property manager is only entitled to file the eviction and then submit paperwork for a default judgment to be entered. The property manager cannot act as the “lawyer” at a hearing or file any other papers.

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