QUESTION

What law says the owner has to be named on UD?

Asked on Mar 28th, 2016 on Landlord and Tenant Law - California
More details to this question:
The ex-girlfriend of the property owner who does not have a broker license is evicting tenant. Owner is not named on UD and does not want eviction.
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3 ANSWERS

A non-owner cannot pursue eviction.
Answered on May 02nd, 2016 at 5:21 PM

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Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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You will need to file an answer using the courts form, and in the space provided for other affirmative defenses, put: "the plaintiff is not authorized to prosecute this action"
Answered on May 02nd, 2016 at 5:21 PM

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How would the owner not be in agreement with her evicting tenants? If he knows and disagrees, he would tell her to stop. The owner must be named as the plaintiff in any UD suit; an authorized representative of the owner, who probably does not have to be licensed [e.g., situation of child of elderly owner signing the 3 day notice]. Only the property owner has any legal title to the property so must be the plaintiff. The UD can be signed by a representative of the owner, such as their attorney.
Answered on May 02nd, 2016 at 5:20 PM

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