Legal Question in Landlord & Tenant Law in California

I am a property manager for a residence whose owners are living outside of the U.S. They signed a declaration granting me authority to act on their behalf in all legal proceedings concerning the property, including unlawful detainer actions. My question: can I legally issue an eviction or pay/quit notice, and file an unlawful detainer action? If so, can I also appear at court on behalf of the property owners?


Asked on 10/01/11, 3:03 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

The "declaration" you have could be considered a management agreement. That would give you the authority to evict the tenants, because you're acting as an agent of the owner. As an agent, you would sue in your name for unlawful detainer. You'd be able to obtain an eviction, but in some cases, you would not be able to collect the money damages, unless the court accepted the declaration as the governing management agreement. You would also be able to appear in court, because you'd be suing in your own name. It's not wise to handle UDs on your own, however, Hire a trusted attorney, You'll be better off in both the short, and the long run. Good luck.

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Answered on 10/01/11, 3:56 pm


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