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Re: Property Manager filing on behalf of an LLC - Landlord Forum thread 247930

Re: Property Manager filing on behalf of an LLC by Miller Property LLC (Florida) on February 11, 2012 @17:19

                              
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?
[ Reply ] [ Return to forum ]

Re: Property Manager filing on behalf of an LLC by Bryan (Ia) on February 11, 2012 @17:35 [ Reply ]
Unless you contest the actions of the PM, it most likely doesn't matter.
    Re: Property Manager filing on behalf of an LLC by Miller LLC (Florida) on February 11, 2012 @19:29 [ Reply ]
    It does matter. If an officer, manager, or member of an LLC wants to file an eviction on behalf of their LLC, they can only do it as a designated property manager, otherwise, you are hiring an attorney.
    So, the question is, after we fill the proper paperwork to designate the property manager in our LLC, how does the property manager sign the complaint? What is the proper format? We are seeing judges throw out evictions filed by property managers because they are not formatted correctly. Are there any property managers out there who have ever filed an evition on behalf of a property owner who can answer this question?
      Re: Property Manager filing on behalf of an LLC by Bryan (Ia) on February 11, 2012 @19:39 [ Reply ]
      I meant that the form of the signature block is unlikely to matter to matter if you are not challenging the actions of the PM.

      You have authorized them to act on your behalf in the matter, so the form of the signature block should not be of concern. If they are question they can prove legal authority by producing your authorization at the time of the complaint.

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