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April 1st, 2011 | 
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Posted in - saved_astronaut on Ive been Evicted, and had a car Repoed?
- Matt on Ive been Evicted, and had a car Repoed?
- StephenWeinstein on Ive been Evicted, and had a car Repoed?
- dogszncatsz on Ive been Evicted, and had a car Repoed?
- RichardL on Ive been Evicted, and had a car Repoed?
- Sharon T on Ive been Evicted, and had a car Repoed?
- RNK on and it continues….please help with this landlord/tenant issue?
- jcturtle27 on and it continues….please help with this landlord/tenant issue?
- ru2tipsy2c on and it continues….please help with this landlord/tenant issue?
- Pobept K on and it continues….please help with this landlord/tenant issue?
- Ive been Evicted, and had a car Repoed?
- and it continues….please help with this landlord/tenant issue?
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- Landlord refuses to return deposit and now trying to sue us.?
nope
Not if they are represented by their attorney.
not at all unless ordered by the judge.
Only if a counterclaim is filed which mandates her presence.
The attorney represents the landlord in the court as allowed by the Rules of Court. Thus, the presence of the landlord is not necessary.
Once again, people are speaking out of their @sses. Yes, the landlord has to be present for trial. An attorney’s job is to present the evidence and make legal arguments on behalf of his client. However, he is not a percipient witness and cannot be a witness on behalf of his client. That means that he has to present evidence through someone who is a witness or can otherwise authenticate documents such as a lease. The person to do that is the landlord.
Technically, it is the landlord who is the party to the case, not the lawyer. Therefore, it is the landlord’s obligation to present evidence to prove his case. His attorney is a representative, not a litigant. The landlord, or someone acting as his agent, or someone who has direct knowledge sufficient to prove the landlord’s case, must be present at trial to prove the landlord’s case.