How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9908
Experience:  Just Answer consultant at Self employed
63726236
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

I'm being sued by my landlord, the landlord signed the lease

Customer Question

I'm being sued by my landlord, the landlord signed the lease to the house I lived in as an agent LLC of the owner which is a limited partnership. The landlord also filed the court papers representing the LLC which is the agent and not the owner of the property. Does she have the right to take me to court as the agent and not the owner?
JA: Can you tell me what state the LLC is registered in?
Customer: Massachusetts, at least that is where the address of the LLC is not sure if that means it is registered in that state or how I could find out where it is registered. The court case is in Pennsylvania
JA: Has anything been filed or reported?
Customer: A civil court case has been filed by her
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just in general what rights she loses by not representing the owner of the property in general
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 5 months ago.
I believe that the owner and agent are the same person, or at least that the landlord represents half of the partnership that owns the property.
Expert:  legalgems replied 5 months ago.

Under Rule 207 property managers or landlords, as the party having personal knowledge of a situation, is allowed to appear on behalf of the property owner.

That rule is here:

http://www.pacode.com/secure/data/246/chapter200/s207.html

specifically:

Rule 207. Representation in Magisterial District Court Proceedings.

(A) In magisterial district court proceedings:

(1) Individuals may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization from the individual to appear as the individual’s representative.

(2) Partnerships may be represented by an attorney at law, a partner, or by an employee or authorized agent of the partnership with personal knowledge of the subject matter of the litigation and written authorization from a partner to appear as the partnership’s representative.

(3) Corporations or similar entities and unincorporated associations may be represented by an attorney at law, by an officer of the corporation, entity, or association, or by an employee or authorized agent of the corporation, entity, or association with personal knowledge of the subject matter of the litigation and written authorization from an officer of the corporation, entity, or association to appear as its representative.

(B) A representative, employee, or authorized agent:

(1) must provide written verification of personal knowledge of the subject matter of the litigation, and

(2) may take no action on behalf of a party until the written authorization required under paragraph (A)(1), (2), or (3) is filed with the court.

(C) Admission pro hac vice in accordance with Pennsylvania Bar Admission Rule 301 shall proceed by request, the disposition and content of which shall conform with the requirements of Pennsylvania Rule of Civil Procedure 1012.1.

Official Note

This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.

It is intended that the designation of a non-lawyer representative, employee, or authorized agent to represent a party is to apply only on a case-by-case basis. A party may not give blanket authorization for a non-lawyer representative, employee, or authorized agent to represent the party in all cases involving the party.

As to ‘‘personal knowledge of the subject matter of the litigation’’ see Pa.R.E. 602 and Comment.

A business organized as a sole proprietorship may be represented in the same manner as an individual under paragraph (A)(1).

And is discussed here:

http://www.pacourts.us/assets/opinions/Supreme/out/230mag.1rpt.pdf

The tenant would have to hire an attorney, or self represent; it is not a fair situation, but the legislature has expressly permitted this due to the fact that many property owners are not aware of the issues being dealt with since they pay the agent to do so.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Expert:  legalgems replied 5 months ago.

Good morning; I will be out of the office until Friday so I'm letting all of my open question customers know. If you need additional information please post here and I will reply back on Friday. Hopefully the above information has been helpful-thanks!