Understanding Standing in Eviction Cases: Who Has the Right to Sue?

Updated 8/9/24

When it comes to eviction cases, the legal concept of “standing” is crucial. Standing determines who has the right to bring a lawsuit in court. In California, this issue often arises when the plaintiff—the person initiating the eviction—is not the original owner or lessor of the rental property.

What Is Standing?

Standing refers to the legal ability of a person to file a lawsuit. In the context of eviction cases, only someone with a direct interest in the property can act as the plaintiff in an Unlawful Detainer case. This means that the right to sue generally belongs to the property owner or someone who holds title to the property.

Who Can File an Eviction Lawsuit?

Under California law, the “real party in interest” is typically the person who owns or holds the title to the property. This means that a landlord’s agent—such as a property manager—does not automatically have the authority to sue in their own name.

However, there are exceptions. If the property owner assigns their interest in the property to the agent, the agent becomes the “real party in interest” and can sue in their own name. While there may not be a specific case that confirms a landlord can assign their interest in an Unlawful Detainer action to an agent, general laws about assigning claims suggest this is possible.

The Landlord-Tenant Relationship

For an Unlawful Detainer action to be valid, there must be an existing landlord-tenant relationship, with a few exceptions specified in California’s Civil Code (CCP §§ 1161 and 1161a). If a landlord assigns the right to bring an eviction case to their agent, the tenant or tenant’s attorney might object. However, a well-prepared legal argument can often overcome such objections.

Agents and Standing

Even if the agent is not technically the “real party in interest,” they might still have standing to sue if the lease or rental agreement was made in their name. By allowing the agent to sign the lease, the landlord effectively assigns an interest in the property to the agent before the landlord-tenant relationship is established, making the agent the landlord in this context.

Additionally, under agency law, an agent might have the right to file an Unlawful Detainer if the landlord provides written authority for the agent to sue and regain possession of the property in the agent’s name.

Property Management Firms

Often, rental property owners delegate management responsibilities to a property management firm. These firms may execute leases, collect rent, and initiate eviction proceedings. When a property management firm files an Unlawful Detainer lawsuit, the complaint must clearly state:

1. The firm’s legal status (e.g., individual, partnership, corporation).
2. That the firm is either a party to the lease or an assignee of the owner’s interest.
3. If the firm is suing as a party to the lease, it must show that it executed the lease in its own name for the owner’s benefit, based on the authority given by the management agreement.

Successors in Interest

New owners who purchase leased property become successors in interest and may file eviction lawsuits in their own names. They must state their status as a successor in interest because of acquiring the property but do not need to prove they have personally entered into a lease agreement with the tenant.

Understanding who has the legal standing to file an eviction lawsuit is crucial in Unlawful Detainer cases. Landlords and their agents should be aware of their rights and the legal requirements to ensure they can effectively pursue eviction actions. If you need guidance on your specific situation, consider consulting with a legal professional to explore your options.