I'm subletting a place from out of state on a month to month verbal agreement and having a family member collect rent on my behalf. Now I have a horrid tenant; not paying rent amoung other things. I've had my family member post my notice that the month to month tenancy is ending 15 days before next month rent is due as outlined by state law. Now the horrible tenant still hasn't moved out and the end date is approaching. The terrible tenant also has divulged to another tenant that she's not gunna move until she's been served officially with an eviction notice.
So my family member can't file for me but can she just file it even though she's not the actual landlord? I can't afford a process server or a lawyer rn.
Your "family member" can file the lawsuit for you as long as he or she is proceeding in his or her own name and identifies their agency relationship in the complaint, i.e., that he or she is authorized to proceed as a party to the case as nominee for the landlord, who is the real party in interest. That person then subjects him or herself to the court's jurisdiction for, among other things, award of attorney's fees to the extent that he or she makes mistakes in the case resulting in dismissal.
I will tell you that if you can't afford an attorney or a process server then you have no business being a landlord and you are heading down a very bad path here that will likely end with bad things happening to you and to your property and possibly to your family member. You are clearly in over your head and need help.
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" I can't afford a process server or a lawyer"...then you have no business playing landlord, especially an out of state one. Thats probably why the tenant is so "terrible". Now that you made this bed, its yours to lie in, you will need to find the means to hire a lawyer sue for removal, enjoy your new free boader or find some legal means to convince the tenant to move out on thier own, by example a cash for keys deal.
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FILE on your behalf? Yes, if you designate them an "agent," and he or she knows what they are doing (not likely, just as YOU don't)/, But can they do anything else but just FILE? No. You must consult with, and hen retain a lawyer here. Your "family member" could be committing the unauthorized practice of law, which in this state can be a felony. Per Section 83.59(2) Florida Statutes, "a landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney." Get a lawyer.
Hope this helps.
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