I’ve got some time on my hands so would like to understand the process more. I picked up a Pro Se pack at the local court Clerk’s office and then realized that corporations cannot represent themselves. Then I read that some states do allow it for ‘uncontested’ evictions where the defendant does not respond to the summons. The LLC member is allowed in that situation. In other states, a licensed property manager could do the whole eviction. I’ve talked to a couple attorneys in WA who were more clueless than I the issue.Any tips on this? Can the LLC’s agent pull it off or a secondary property management LLC agent evicting a tenant from the park LLC? I know it might sound counterproductive but I like to do everything once or twice. Eviction is next on the list!
Chuckee, my Husband and I are in South Carolina and own 2 MHPs (both in their own LLC).We do evictions ourselves in both of these MHPs.In most instances my Husband goes to the Magistrate’s Office with the paperwork and fees. I create the paperwork needed to go to the Magistrate’s Office. The MHPs are located in different Counties.We have Month-To-Month Leases.The Evictions are a two step process:1.) Rule To Vacate - $402.) Writ Of Ejectment - $10The Evictions are done through the local Magistrate’s Office. In most instances the Tenant does not respond to the Magistrate’s Office concerning the Rule To Vacate.However, we have gone to court in two instances where the Tenants have selected this option. In both instances the MHP won.The Magistrate is also where you would go through the process of any abandoned MH.We wish you the very best!
The answer depends on your State laws. I am in 4 States. Colorado and Nebraska require an attorney or the member of the LLC. Texas and Indiana allow me to sign a form allowing my manager to do them. State laws very. In Denver I can hire a firm that does them at a set rate- like $400 from posting to keys in hand. Smaller metro areas do not have dedicated firms to just evictions and they charge more.
Thanks all. Any idea on how to definitely confirm without experimenting? A friend had a manager do a few but then the judge eventually threw one out. He believed that if the Agent of the LLC were present it would have been allowed. I can’t find anything in the legal code. My experience with attorneys is they tend to not know or understand things that don’t make them money. The court clerk’s office got me absolutely nowhere on the question.
ChuckeeIt would help if you told us what state and county you were looking to do this in… At the very least we would be able to point you in the right direction.Ari
In Washington State an LLC must be represented by an attorney. They can not self represent.