Legal Question in Landlord & Tenant Law in California
I have a property owned by an LLC and it is now the plaintiff in an Unlawful Detainer case that was contested by the tenant. Her response was (a very weak) uninhabitable premise breach and an obvious ploy to get out of paying the rent. When we go to court, is the LLC required to be represented by an attorney or can one of the members represent it?
I know that an attorney is a good idea, but I'm asking if it is a legal requirement.
3 Answers from Attorneys
An attorney is mandatory in court for an LLC.
The only business entity other than a sole proprietorship that arguably doesn't need to be represented by an attorney is a general partnership, and that argument is weak. Most judges will require one even for a partnership. In federal court only an individual can appear in pro per.
The reasoning is that an LLC is essentially a person in the eyes of the law. If an LLC member goes into court and represents the LLC, then that member is representing a person in court... aka practicing law without a license (unless the LLC member happens to be an attorney).
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