How many of your owner/clients want to handle their own evictions?

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It's in the judge's hands, now.

 

What if your local court, the one with which you do business regularly as a Property Manager, ruled you can no longer represent your clients in eviction matters? The property owners must handle their own evictions, or hire an attorney.

 

Think that couldn’t happen?

 

A court in Wisconsin is considering doing that very thing.   In a decision expected to come later this year, a circuit judge in Madison, a mid-sized city in Dane County, is considering whether property managers are actually “a person entitled to the possession of real property,” as referenced in state law. But, of course we are! Aren’t we?

 

It depends…

 

What does your management agreement say? Is it specific in its authority for you to act as the owner’s agent in eviction matters? How about your rental/lease agreement? Does it specifically name you and the owner, jointly, as “Landlord?”

 

I’m in no way qualified to give legal advice, and don’t intend to. Ever. But, I do recommend you have your attorney take a look at your contracts, to be on the safe side of this issue.

 

 

 

You looked at your contracts, didn’t you? What did you find?

 

 

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3 Replies to “How many of your owner/clients want to handle their own evictions?”

  1. Hi Judy,

    Its also that way in Missoula, Montana, the eviction filing must be made by the property owner or an attorney. Property Managers are not allowed to represent the owner in the eviction process.

    1. Wow! Thanks for reading and commenting, Mary. So, when one of your owners is out-of-state, and can’t represent him/herself in an eviction, they hire an attorney?

      I’m curious just how many jurisdictions have this rule. Time to do some polling, I’d say!

      By the way, I visited your website. It’s very nice! Well done.

  2. An informal survey of NARPM members turned up some interesting information on this issue. There are a number of states that prohibit managers from representing their owners in eviction and small claims actions. However, it appears the majority of states still allow the manager to assume this role, provided the Property Management Agreement is very clear in its authority. It will be interesting to see whether the prohibition proposed in Wisconsin will become a trend across the U.S.

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