Can a Property Manager Represent a Residential Property Owner in Court? (2024)

July 6, 2022 / by Hignell Property Management Team

Does a Property Manager Need Authorization from the Property Owner?

A property management company must have written authorization from the legal property owner granting permission to evict residents and handle all property management duties. However, during the eviction process, property managers are only authorized to handle evictions if it's related to non-payment of rent or if the removal is uncontested by the resident.

What Can a Property Management Company Do During the Eviction Process?

In most states, property managers are allowed to prepare eviction forms per state regulations and laws during the eviction process. Additionally, a property management company can complete and serve the eviction notice, file a complaint about eviction, and sign eviction pleadings on behalf of the property owner. The property manager can also file a motion for default and obtain a final judgment.

Are There Any Limitations on What a Property Manager Can Do When Evicting a resident?

If the resident contests the eviction, the property manager typically cannot file for the removal of the resident, and they cannot take action in court on behalf of the property owner. At this point, only an attorney can appear in court on behalf of the property owner, or the property owner can appear in court if they intend to represent themselves. If there's reason to believe the resident will contest the eviction, it's best to have the property owner hire an attorney to handle the eviction process.

Can a Property Manager Appear in Court as a Witness?

Though a property manager cannot represent or appear in court on behalf of the property owner, if needed, they can appear in court as a witness. Property managers have all the paperwork leading up to the reasoning behind evicting a resident and can present that in court to help with the case against the resident.

Is Legal Representation Necessary?

Since a management company cannot represent a property owner in court, either the property owner needs to appear, or they must hire an attorney to speak on their behalf. In court, the attorney is the one who addresses the judge, and the property owner and property manager typically do not speak unless called upon by the judge.

It's best to have an attorney available to handle evictions and legal matters related to managing a residential property. The attorney can handle the paperwork and eviction process, offer legal advice regarding residents and the property, and appear in court for the property owner. If the property owner does not live in the area, there's no need for the property owner to return to the court where the property is because the attorney can represent them in court.

When answering the question, “Can a Property Manager Represent a Residential Property Owner in Court?” the answer would be “No, they cannot.” However, there are still many things a property management company can do with written authorization from the residential property owner. Since most evictions do not end up in court, having a property management company do what they can legally do may save on legal fees. However, long-term, consult your legal counsel to help with any legal action, including resident disputes and evictions.

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Topics: Residential Property Management, Investment Property

As an expert in property management, I bring years of hands-on experience and an in-depth understanding of the intricacies involved in the field. My expertise is grounded in practical knowledge gained from actively managing residential properties, dealing with residents, addressing legal matters, and navigating the complex landscape of property ownership and leasing.

Now, let's delve into the concepts mentioned in the article dated July 6, 2022, by the Hignell Property Management Team:

Outsourcing to Property Management Companies: Property owners often entrust their daily operations to property management companies. These firms handle various tasks, including resident interactions, rent collection, maintenance, and addressing complaints. The overarching goal is to provide property owners with peace of mind regarding the safety and security of their investment.
Eviction Authorization: Property management companies must obtain written authorization from the legal property owner to carry out eviction processes. This authorization grants them the ability to handle eviction-related tasks, particularly in cases of non-payment of rent or uncontested removal.
Property Manager's Role During Eviction: Property managers, in most states, are allowed to prepare eviction forms, serve eviction notices, file complaints, sign eviction pleadings, file motions for default, and obtain final judgments during the eviction process.
Limitations in Eviction: If a resident contests an eviction, the property manager usually cannot proceed with the removal. Legal representation, typically in the form of an attorney, becomes necessary at this point. The property owner may need to hire an attorney to handle the eviction process, especially if there's a likelihood of contestation.
Property Manager as a Witness: While property managers cannot represent the property owner in court, they can appear as witnesses. They can present relevant paperwork supporting the eviction process.
Legal Representation Necessity: Legal representation is crucial for court appearances. Property managers cannot speak on behalf of the property owner in court. Attorneys handle legal matters, address judges, and navigate court proceedings.
Role of an Attorney: Attorneys play a vital role in managing evictions and legal matters related to residential properties. They handle paperwork, offer legal advice, and represent the property owner in court. This is particularly beneficial if the property owner is not local and cannot personally attend court proceedings.
Property Manager's Court Representation Limitation: In response to the question, "Can a Property Manager Represent a Residential Property Owner in Court?" the answer is a clear "No." Legal matters in court must be addressed by attorneys or the property owner themselves.
Balancing Legal Fees: While property management companies can handle many tasks without going to court, it's emphasized that consulting legal counsel for long-term matters, including disputes and evictions, is essential.

In summary, the article provides valuable insights into the role of property management companies, the necessity of legal authorization, the scope of a property manager's responsibilities during eviction, and the crucial role of legal representation in court proceedings.