Property management & eviction

[Daniel Bogart]

Hey all,

We have a property in Phoenix under property management. Our PM is evicting a tenant who is now forcing us to bring the case to eviction court. Our PM suggested that we put some sort of document in place to allow him to act on our behalf in court so that we do not need to have an official lawyer stand in and pay the legal fees. Is this a typical procedure? If so, what sort of document would give him the rights necessary to stand in on at an eviction hearing on our behalf? Thanks.

[Phil Earley]

The management agreement should already have a limited power of attorney section built into it or some verbiage about the management company being the agent of the owner.    

[Jassem A.]

Probably a special power of attorney would do it but I would think someone licensed to manage property wouldn't have to jump through that hoop in most states.

[Phil Earley]

The management agreement should already have a limited power of attorney section built into it or some verbiage about the management company being the agent of the owner.    

[Thomas S.]

Contact the eviction court and inquire as to what the PM needs to represent you.

[Daniel Bogart]

Thanks guys, I called the eviction court and they said we'd need to speak with an attorney to determine what documentation is necessary. Is anyone familiar with the process necessary to draft a document that provides limited power of attorney to our property manager?

[Nathan Fesnak]

If I was in your situation I would spend the little cash to contact an attorney. This way you will know the true answer, you will now, and in the future if this happens again.  

[Deanna McCormick]

Your court house where the eviction action was filed will know the answer, go down and research what's needed. 

Usually you have a Limited Power of Attorney notarized  giving the specific person or agency that is appearing on your behalf the power to represent you.  That person may also have Limited Power of Attorney notarized document from the agency that they work for which says they have power of attorney to act on agency's behalf.. That paperwork is usually filed along with the original paperwork at the court house.

Limited Power of Attorney..  you can download the form your state uses.. google it.

Or check with attorney..

[Daniel Bogart]

Thanks Nathan and Deanna. As mentioned, the court wasn't helpful, but we're in the process of consulting an attorney to confirm the Limited Power of Attorney form will do the trick.

[Cheryl Bunch]

@Daniel Bogart would you mind posting what your attorney comes back with for our learning to close the loop? Best of luck!

[Nathan Fesnak]

Let me know how it turns out.  Please and Thank You

[Daniel Bogart]

Will do @Cheryl Bunch @Nathan Fesnak

[Daniel Bogart]

Tenant didn't show up to court and has now been evicted @Account Closed. We're still waiting to hear from the attorney on giving the PM rights to show in court on our behalf for future cases.

[Amber Gonion]

Very concerning that this wasn't written into the management contract.