Skip to main content

Does it have to be the owner himself/herself to file the complaint for unlawful Detainer?

Vallejo, CA |

I am the son. My dad does not speak any English and the house is under his name. We have a tenant who is not willing to pay rent. We sent them the 3 days notice already. We want to go to the next step which is the unlawful detainer. I just want to know since the house is under my dad's name, can I go through all this process using my name? Thanks

+ Read More

Attorney answers 1


The person named in an unlawful detainer complaint as the Plaintiff has to be someone who has the right to recover possession. This is typically the owner.

However, the right to recover possession can also be assigned by the owner to someone else. It is not uncommon for owners to assign the right to a property manager. The person or company managing the property on behalf of the owner can be the Plaintiff in the unlawful detainer action.