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Updated about 9 years ago on . Most recent reply

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8
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5
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Joe Kol
  • Anoka, MN
5
Votes |
8
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LLC's and evictions

Joe Kol
  • Anoka, MN
Posted

Just wondering, I am a landlord in Minnesota and some people say; "in my area an eviction from a property owned by an LLC must be completed by an attorney. My main question is, if i want to evict someone from my property (which is owned by my LLC) in Minnesota, do i need a lawyer to represent my LLC? or can I perform the eviction myself?

Also, if anyone knows a list of this requirement in different states and how that varies that would be much appreciated to help the rest of the community that is not in MN.

Most Popular Reply

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74
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73
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Nada Mohamed
  • Real Estate Broker and Attorney
  • Durham, NC
73
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74
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Nada Mohamed
  • Real Estate Broker and Attorney
  • Durham, NC
Replied

Here in Ohio, it is, generally, the same rule. However, there is recent precedent in one city (Cleveland Heights) where a Landlord succeeded in representing his own LLC and it was not considered the unauthorized practice of law since he did not "engage in cross-examination, argument, or other acts of advocacy" (Cleveland Bar Association vs. Pearlman). Hard for me to imagine however how he can properly represent his LLC and actually succeed in his case without engaging in any acts of advocacy. I would be surprised if any state's laws differed. The reason behind this is your LLC is a different legal entity than you - so when you represent your LLC you are not representing yourself pro se, you are representing this other entity even if you are the sole member of the LLC. Representing another person/entity is the practice of law and the only individual(s) authorized to practice law would be an attorney. I would be interested to hear if there are other states that differ.

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