Capacity to Be a Party and Proper Defendant in Eviction Proceedings: Who Can File and Against Whom?
In eviction proceedings, the existence of a substantive ground for eviction is not sufficient by itself. The claimant must be legally entitled to bring the action, and the claim must be directed against the proper defendant.
According to the uploaded source, capacity to be a party is a procedural prerequisite that the court examines on its own initiative at every stage of the proceedings. As a general rule, an eviction action is brought by the landlord against the tenant.
What Is Capacity to Be a Party?
The uploaded source describes capacity to be a party as the procedural-law equivalent of legal capacity under civil law.
It is a condition of action and must be examined by the court throughout the proceedings.
Who Can Bring an Eviction Action?
According to the source, eviction actions are generally filed by the landlord against the tenant.
However, landlord status and ownership do not necessarily have to belong to the same person.
Must the Landlord Own the Property?
No.
The Court of Cassation decision cited in the source states that a person does not necessarily need to own the property in order to lease it. A non-owner may act as landlord provided that the property can be made available to the tenant in accordance with the lease.
Can a New Owner File an Eviction Action?
Yes.
According to the source, where the property is transferred, the new owner succeeds to the rights of the previous owner and may bring an eviction action against the existing tenant.
Where transfer occurs while proceedings are already pending, the source states that the new owner must obtain assignment of the right to litigate from the former owner in order to continue the case.
Can an Agent Who Signed the Lease Bring the Action Personally?
No.
The source cites Court of Cassation case law stating that a person who signed a lease merely as an agent does not have the right to initiate enforcement proceedings or file a lawsuit in their own name.
What Happens If the Claimant Dies During Proceedings?
The action is not automatically dismissed immediately.
According to the uploaded source, the claimant's heirs must be identified. Because they hold the estate under joint ownership, they are treated as necessary co-parties and all must participate in the proceedings.
If the heirs do not continue the pending proceedings, the source states that the case may be dismissed due to loss of party capacity.
Shared Ownership
The uploaded source states that where property is held in shared ownership, bringing an eviction action requires the relevant majority of shares and co-owners.
A co-owner may nevertheless claim their own proportionate share of divisible rent receivables.
What Is Proper Party Status?
Proper party status concerns whether the action has been brought by and against the persons who are substantively connected to the particular dispute.
In an eviction case, identifying the actual tenant or tenants is therefore essential.
What If There Are Multiple Tenants?
According to the source, multiple tenants under the same lease are necessary co-parties for an eviction claim.
The proceedings must be directed against all tenants.
The cited Court of Cassation decision also states that because eviction is an indivisible claim, the relevant notice must be served on all tenants and the action must be brought against all of them.
What If the Tenant Subleases the Property?
Where the lease prohibits subleasing or transfer but the tenant nevertheless gives the property to a third party, the source states that the eviction action should be brought against both:
-
The principal tenant,
-
The third party occupying the property as subtenant.
Can a Non-Tenant Be Evicted Through the Lawsuit?
The source states that proper party status cannot be directed against a person who is not legally the tenant merely because that person signed the agreement in another capacity.
This includes an agent who signed the contract and an individual who signed on behalf of a company as its representative.
What If a Company Is the Tenant?
Where a company is the tenant, the eviction claim must be directed against the company rather than the individual representative who signed the agreement on its behalf.
According to the source, an eviction order cannot be entered against the company representative merely because that representative signed the lease.
Conclusion
Capacity to be a party and proper party status are fundamental procedural issues in eviction litigation. According to the uploaded source, party capacity is a condition of action that must be examined by the court at every stage. Eviction proceedings are generally brought by the landlord against the tenant, although the landlord does not necessarily need to be the owner of the property.
Where ownership changes, the new owner may succeed to the previous owner's rights. Where the claimant dies, the heirs' participation and the form of ownership must be considered. In shared ownership, special majority rules may apply.
Where there are multiple tenants, the eviction claim must be directed against all of them. Conversely, an agent or company representative who is not personally the tenant cannot be made subject to an eviction order solely because they signed the lease.