When Can Property Managers Represent Owners of Real Estate in Court?

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

PLEASE NOTE THAT THE CONTENTS OF THIS POST ARE SUPERSEDED EFFECTIVE 8/31/2013, AS THE RESULT OF THE ADOPTION OF NEW RULES FOR THE JUSTICE COURTS. PLEASE SEE MY MORE RECENT POSTS RELATING TO THE NEW EVICTION LAWS!

Many property managers in Texas offer eviction-related representation to their owner-clients. While these services are frequently limited to issuing Notice to Vacate, occasionally, a tenant will require Court intervention before he or she vacates a rental premises. When this occurs, it is important to understand the parameters within which non-lawyer property managers can represent their clients' interest in Court.

The general law in Texas is that only a licensed attorney can represent another person's, or any corporation's, interests in court.  Specifically, Section 83.001(a) of the Texas Government Code prohibits a person, other than a member of the state bar from practicing law.  Under the same statute, the "practice of law" is defined as "the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge... the legal effect of which under the facts and conclusions involved must be carefully determined."   See Section 81.101 of the Texas Government Code.

However, an exception to the general rule exists in connection with EVICTION cases in the JUSTICE COURTS. This exception is found in two separate places in the law:

Texas Property Code Sec. 24.011.  NONLAWYER REPRESENTATION. In eviction suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys. In any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney.

Texas Rules of Civil Procedure: RULE 747a. REPRESENTATION BY AGENTS. In forcible entry and detainer cases for non-payment of rent or holding over beyond the rental term, the parties may represent themselves, or be represented by their authorized agents in justice courts.

In all other types of eviction cases (i.e. non-monetary defaults or breach of Lease cases, the Owner can represent him/herself, but he/she cannot be represented by a property manager, unless that manager is also a licensed attorney.  

Further, because an appeal of a Judgment entered in an eviction suit is taken to the County Court at Law, a non-lawyer may not represent the owner's interests on appeal.

As with any power, just because you "have" it, does not always mean you should exercise it. Whether a manager hires an attorney in the early stage of the eviction process, versus saving the funds and attempting to prosecute an eviction themselves, is one that should be made after careful deliberation, and on a case-by-case basis.