Q: can a property manager stand as a plaintiff in an unlawful detainer if they executed the rental agreement?
I lease residential property in Irvine and have a residential property management agreement which provides rights of assignment of leases and recovery of possession. How would a complaint of this nature be captioned? Owners name; et al. with me named on an attachment? jus the owners name or just my name?
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A:
In California, a property manager can file an unlawful detainer action if they have the legal authority to do so, which usually requires having a specific provision in the property management agreement granting them such rights. If the rental agreement was executed by you as the property manager, and the management agreement includes the right to recover possession, you may stand as the plaintiff in the unlawful detainer case. However, it is common for the owner’s name to be listed as the primary plaintiff since they hold the title to the property.
When captioning the complaint, it is typical to list the owner’s name as the plaintiff because they are the actual party in interest. Your name as the property manager could be included as an agent or representative of the owner, either in the complaint body or on an attachment, depending on the local court’s requirements. This approach ensures clarity regarding who the legal owner of the property is while recognizing your role in managing it.
To make sure the caption is correct, you might want to check the local court rules in Orange County or consult with a legal professional familiar with unlawful detainer actions. The rules can vary slightly depending on the jurisdiction, and it’s important to follow the correct procedure to avoid delays or issues with your case.
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