Is the Trustee allowed to represent himself for an eviction of a tenant? Are Trusts required to be represented by an attorney?
For an eviction in Oakland, if a rental home is owned by a Trust, is the Trustee allowed to represent himself? Or are Trusts required to be represented by an attorney?
I understand that it is best to hire an attorney for an eviction, but I would like to know if it's possible to evict without an attorney.
Corporations and LLCs must be represented in court by an attorney. There is no similar requirement for most trusts. A trustee can appear in court pro per on behalf of the trust. Whether it's a good idea is another matter. Only experienced landlords with exhaustive knowledge of civil unlawful detainer procedure should think about evicting a tenant without consulting an attorney first.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
In North Carolina, an eviction by an individual landlord or a trust does not require an attorney. Many people hire attorneys to accomplish these goals but the court certainly does not require it. There are formal requirements in the process so it's really a matter of whether you understand the steps you'll need to take. I would venture to say that CA has reputable "do-it-yourself" guides, as NC does. Legal Aid of NC is one such source here. HOWEVER, if after reading about the process you are still unsure, it's likely prudent to seek the advice of a qualified attorney. Good Luck!
