Legal Question in Landlord & Tenant Law in California

I am a property manager who is filing an unlawful detainer against a tenant. I am naming myself as plaintiff, since the property owners are living outside of the U.S. and have signed a declaration granting me legal authority to act on their behalf in all matters related to the rental property. My question: the tenant's original rental agreement was signed by the property owners, not me. Can I still list myself as a plaintiff in the unlawful detainer, given that the property owners are now outside of U.S. and have granted me legal authority to act on their behalf? Thank you.


Asked on 10/02/11, 3:27 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

No, the listed plaintiff is the person who suffered the injury/damage, and you suffered no damage. You are the attorney, but not attorney-at law, for them; then did not transfer any ownership rights to you. You can handle things for them but not represent them in Court; you should file in their names the UD in Superior Court and not Small Claims and if an appearance is needed you will have to hire an attorney at law to make the appearance.

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Answered on 10/02/11, 10:43 pm

Mr. Shers is right, you cannot be the plaintiff and you cannot appear for the owners in court. Mr. Shers is also very WRONG that you can file the papers for them at all. That is practicing law without a license, just like appearing in court would be, and that is a crime. They will need to hire an attorney or authorize you to hire one for them. Otherwise the case is almost sure to be thrown out, and you might find yourself fined or even jailed (though you'd probably get off with a warning).

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Answered on 10/03/11, 10:17 am


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