What to do if I have rented out property that is in my mom’s name with permission but now that we must file an eviction against them my mom refuses to go to court?

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What to do if I have rented out property that is in my mom’s name with permission but now that we must file an eviction against them my mom refuses to go to court?

The guy there is a friend of mine but is on hard times and cannot afford rent anymore He owes me $1200. I have served a 7 day notice as required by law. I have read all of state law but it says nothing about subletting evictions. So I have a forcible detainer complaint that my mother has signed and I had notarized but the lease was signed between me and the tenant not my mother. The real problem with this is that my mom refuses to go to court. Not really sure what to do. Should I go ahead and file the eviction in my mom’s name or in mine as a sublet? I cannot find any information on how to evict a subtenant. I seriously doubt that the tenant will even show up to court.

Asked on October 16, 2012 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay let's start with the basics.  First, do you have a lease agreement with your Mother for the property or were you acting as her agent at the time you signed the lease?  If you were acting as her agent you generally have to have some agreement in writing to sign legal documents on her behalf.  That would be an agency agreement or a POA.  If you had a lease are you living there with the tenant?  Then you are considered to be the "landlord" in this situation but you and your Mother may have to be on the eviction proceedings.  Some advice: get legal help here because local laws will govern and if you do the paperwork wrong then the court will throw it out and you will have to start all over again. Good luck.


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