Can a Property Management Company Represent the Owner in Court in the Case of Nonpayment?
3 December 2022

Can a Property Management Company Represent the Owner in Court in the Case of Nonpayment?

If you are a property investor and have been in the industry for a long time, you might have faced a negligent tenant who fails to pay rent. It’s not rare for rental property owners to hire property managers to handle their business affairs and nonpayment of rent is no exception.

Property owners often let property management companies operate their entire business, therefore it’s expected that the investor might ask the manager to take care of evictions. Property management companies offer legal enforcement services, so you can expect the property manager to represent you in court. You can let any legal adult represent you during a lawsuit with the assistance of an attorney.

Can A Property Manager Represent the Property Owner Without Authorization?

As specified by these community property managers, a property management company can send a legal representative to court in the place of a property owner when a dispute with the tenants breaks out. However, the legal representative must present an official document that confirms that they have the authority to take the property owner’s place.

The property owner is bound to give the property management company a written form of authorization so that the representative can take legal action.

When Can A Property Management Company Evict a Resident?

As a property owner allows the property management company to take full responsibility for the property when it comes to legal actions, the property management company is given the right to evict the tenants in certain cases.

In some states, the property management company can only file an official complaint in court to have the tenant removed from the property if they don’t follow the eviction terms. The property management company is not allowed to represent the property owner in court if the tenant files a lawsuit.

In the case of a tenant contesting the eviction, the property owner can represent themselves in court or hire an attorney to do so. You can not file a lawsuit if the tenant willingly moves out.

When Can A Property Management Company Evict a Resident?

What Rights Does a Property Management Company Have During The Eviction Procedures?

If a tenant doesn’t contest the eviction process, and eviction takes place because of the nonpayment of the rent, the property management company has a right to take legal action and represent the property owner in court.

The property management company can prepare the eviction documentation as required by state law. The property management company must provide the eviction notice, and sign the necessary papers to file a complaint on the behalf of a client.

Property Manager As A Witness

The property management company has a right to allow their employee to appear as a witness in court. Although a property manager can’t represent the property owner in court if the tenant contests eviction, they can take a stand.

If you are facing a lawsuit from a tenant who has failed to pay the rent in the past, your property manager must surely have all of the proof that is necessary to evict the tenant. Therefore, with their help, you will be able to present the reasoning behind eviction in court.

Why Should I Let A Property Management Company Represent Me In Court?

Although the property manager can not represent you in court without the presence of your attorney, they can still sit in your place and make claims. The property manager, as mentioned above, must have all of the necessary documentation and proof that the tenant has failed to pay the rent in the past and that you have a right to evict them.

The property manager can help you evict the tenant by taking every legal action necessary. They keep track of transitions and payments, therefore they can present the judge with crucial information that can help you serve justice.

With written confirmation from a landlord, property management companies can take the necessary steps to deal with your business fairly. They will provide you with legal enforcement, they will help you find the best attorneys when you face a lawsuit, and they will take a stand for you. Therefore, you do not have to worry about legal issues.

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