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Do you have to hire an attorney to evict for LLC
by David
on June 8, 2012 @11:02
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Michigan Dave has another question:
I own all of my properties in different LLCs. I have a tenant who constantly pays late and I would like to evict. I spoke to my lawyer and he said only an attorney can do the eviction since it is not I who own them, but the LLC. Is it true if I own a property in an LLC only a certified attorney can evict? Do profession property managers hire attorneys for all their evictions?
If the tenants were month to month would I have to have an attorney terminate their lease or just send a 30 day notice that we (property management) is choosing not to renew?
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Re: Do you have to hire an attorney to evict for LLC
by NY-LL
on June 8, 2012 @11:59
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In some small claims courts a corporation can be represented by a key employee which leads to the conclusion that an LLC can be represented by a member. Unfortunately, evictions in most states are not done in small claims court but in civil court where corporations (and likely LLC's) would have to be represented by an attorney. Landlords can certainly file for eviction without an attorney and see how far into the process you're allowed to move forward.
If landlord doesn’t want to consult an attorney, the suggestion would be to try it on your own, but first contact the court clerk’s office to confirm the protocols.
If landlord manages to get beyond the court clerk, the next obstacle would be the tenant moving for dismissal based on lack of proper representation. The tenants may not have enough legal knowledge to figure that out. The judges, however, has the authority to dismiss on their own volition if self-representation is not possible by an LLC.
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