2006-09-08 05:09:40 · 7 answers · asked by pamela t 2 in Business & Finance ➔ Renting & Real Estate
I don't know of any place that lets you file in "small claims" for an eviction based upon non-payment. Usually it's Special Civil, Landlord/Tenant part.
Where I am, the landlord or his representative (property manager, etc) must appear. The person who appears must have detailed personal knowledge of the payment history of the tenant, and should have the records with him or her.
If the landlord is not an individual (an LLC etc), many places require that the filing be done by an attorney and the attorney must represent the landlord in court.
2006-09-08 05:17:03 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
Give your brother "power of attorney" in the matter. This will give him the right to deal with the roceeding on your behalf.
You can probably find a generic POA somewhere on the web. If you can't office supply stores usually stock standard fill-in-the-blank forms that you can use. Or you can have an attorney print one out for you. This is the safest bet, just in case there are some peculiarities in your jurisdiction.
2006-09-08 05:24:38 · answer #2 · answered by Homer J. Simpson 6 · 0⤊ 0⤋
sharloveskeylime is right. small claims doesnt handle nonpayment of rent cases. if you filed in the wrong court they wont hear the case.
the landlord or a designated representative must go. like a super or building manager. you cant send someone who doesnt know the history because their testimony is heresay and wont be allowed. a poa wont be of any use if your brother cant testify to the facts.
2006-09-08 05:28:50 · answer #3 · answered by YumYumTree 2 · 0⤊ 0⤋
if you are the sole owner of the property, you have to appear in small claims court yourself, even if he is a manager or wants to help you , you have to appear yourself..if he is part owner and on the titile of this property he can appear for you ...sorry you have to stand up and do this one
2006-09-08 16:49:49 · answer #4 · answered by churchonthewayseniors 6 · 0⤊ 0⤋
My understanding is that lawyers aren't allowed in small claims court, you have to present your own case. That may vary by state but I don't think it does.
2006-09-08 05:15:25 · answer #5 · answered by KL 5 · 1⤊ 1⤋
Not unless he's an attorney.
2006-09-11 23:45:47 · answer #6 · answered by Barbwired 7 · 0⤊ 0⤋
yes if you can't speak
2006-09-08 05:15:15 · answer #7 · answered by kam w 1 · 0⤊ 1⤋