Do I Need an Attorney if my Eviction Has Been Appealed?

So, the Justice Court has carved out a provision by which a Property Manager can step in for a holding company, or an apartment complex, or even an individual who cannot appear at trial.

This happens, from time to time, when, let’s say, there is a Realtor. Nonlawyer representation is illustrated in Sec. 24.011(a) of the Texas Property Code.

For example, there is a Realtor managing property for “Joe Bag of Doughnuts.” Joe, for instance, owns two or three houses in the Houston area, but lives in Austin. So, “Rita,” the Property Manager, is collecting rents, taking care of repair, etc. And, from time to time, she will file an eviction.

This applies to any Eviction in the Justice Court. But once Rita gets to the County Court on an appeal, she cannot show up and say, “I’m here for Joe Bag of Doughnuts.” That’s not allowed.

Texas Property Code Sec. 24.011(b) limits this kind of representation on an Eviction Appeal. The realtor cannot represent another party, once the matter is on appeal at the County Court level.

This limit is specific to “Joe” because he owns these houses in his own name. In our case, either Joe needs to show up, or other arrangements have to be made. This is, particularly, when an attorney steps in. So, an attorney can represent an individual, or a holding company, or a limited partnership in these situations.

It’s a simple matter of the role that your Property Manager can play. She or he on appeal must be there as a fact-witness, but cannot represent you.

A non-attorney “authorized agent” can represent an owner of a Multifamily Residential Property. A manager cannot represent you as an individual who owns property in his own name.

And here is what I’m going to hear [I hear it all the time], “But Ernie, I’ve done it before.” And just like getting by with a bad Lease, or a bad Notice to Vacate, and getting by on it for years, the fact that you haven’t been caught or busted on it, at this point, is not enough.

The truth is, the Rules don’t allow it. So, if you’re in front of a Judge that doesn’t allow it, you can have your case thrown out, or it could cause serious delay. So, if you ask me, “What’s the best practice?”, I’ll always have you, especially on appeal, consult an attorney.

If the owner is a corporation or other entity, it can be represented by an employee, owner, officer, or partner of the entity, who need not be an attorney

It’s a very fact-specific thing. In our example, Joe handled it in JP, and Joe can go in the County Court and handle the matter on appeal. But Rita, the realtor, cannot represent Joe as the individual.

Can the property manager go and do all this for you? Find out what the best practice is for your specific situation.

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