Change in Minor Judiciary Civil Rules:
Property Managers Can Now Represent
Landlords Before Magisterial District Justice
By Douglas K. Marsico, Esq.
Prosecuting evictions and collecting past-due rent will become a lot easier for property managers under a new rule that allows them to appear before a Magisterial District Justice to represent the property owner’s interests.
Under the new rule, non-lawyer representation is permitted in limited circumstances. The property owner may give written authorization to a non-attorney representative, the property manager, to appear on his behalf so long as the representative has personal knowledge of the subject matter of the litigation.
Prior to adoption of this rule, non-attorney third parties such as property managers were prevented from appearing on behalf of a landlord in district court proceedings. In fact, those who appeared at eviction and related proceedings on behalf of a landlord often found the cases against the tenants dismissed.
The change came about as a result of the PA Supreme Court urging the Minor Judiciary Civil Rules Committee to develop a new rule that serves the practical realities of property managers. While property managers write leases, collect rent and manage properties, property owners who are infrequently involved in day-to-day management have been required to attend district court proceedings involving tenants. Often their involvement adds nothing from an evidentiary standpoint, their presence a mere formality. In many cases, property owners who reside out of state have been required to bear the expense of legal counsel to appear at the proceedings.
Written authorization to appear before a Magisterial District Justice must be executed on a form provided by the court and filed prior to the commencement of the hearing. A party may not give blanket authorization for a non-lawyer to represent the party in all cases involving the party. The property manager needs to obtain and file written authorization on a case-by-case basis.
PAR members who serve as property managers should be careful to ensure that appropriate written authorization is filed. Moreover, members are advised not to overstep their role. Smart landlords always seek the advice of counsel on legal issues.
Douglas Marsico is an attorney with Caldwell & Kearns. Caldwell & Kearns serves as legal counsel to PAR. Caldwell & Kearns also represents and defends real estate agents and brokers in all types of civil suits and licensing claims across the Commonwealth.