Legal Question in Real Estate Law in California

Can landlord issue UD and later sue if he is not owner

My mother is the owner of the house I live in. She lives in another state and is not capable of handling her affairs. I rent a room to a tenant in this house and am the landlord (collect rents, pay the bills, etc.). The tenant's tenancy pre-dates my status as landlord (my late father was the original landlord). The documentation I have authorizing me to act as landlord includes: 1) a notice signed by my dad, me, and the tenant transferring landlord authority to me; 2) a limited power of attorney for my mother authorizing me to sell and maintain her property and manage her bank account. Item 3 on the UD Complaint form asks Plaintiff's interest in the premises. Can any UD action I take and subsequent Small Claims suit I persue against tenant (for back rent, etc.) be thrown out because I am not an owner of the property?


Asked on 1/22/00, 1:32 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Can landlord issue UD and later sue if he is not owner

You cannot represent your mother if you are not an attorney but an attorney can file a UD and use you as the witness so your mother does not have to be there.

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Answered on 1/25/00, 1:37 am


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