I am a licensed attorney but haven't practice much. my husband and i own an rental propety and are in the process of evicting a month-to month tenant. i am in the process of filling out the summons and have two questions:
1) the notice to quit was signed by my husband only - does it mean that only he can be listed on the summons even though we are both owners?
2) can i sign as the plaintiff's attorney on the summons?
2 Answers from Attorneys
Either you can both sign as owners or he can sign as owner and you can sign as PL attorney.
I suggest you have a Memo to your husband authorizing him to sign the eviction on behalf of both of you, should someone raise an issue of authority.
If you are planning appearing solely for the two of you, I would sign as both owner and counsel on the Summons and Appear with a letter authorizing you to make all decisisions for both you and your husband as owners.
Attorney Roth's advice is great,
The only thing I would add as a suggestion is that you retain a lawyer who practices tenant landlord law to represent you. You may be too close to the matter to be objective. Evictions can be simple matters, or they can be quite complex. Time is money, especially when you are talking about missed rent. Our office charges a low flat fee to see an uncontested eviction through from start to finish for you. Either way, good luck!
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