It seems simple enough, tenant stops paying rent, landlord goes down to the courthouse and files an unlawful detainer action. But unfortunately, it is not that simple. In fact, depending on how your real estate business is structured you may be risking having your unlawful detainer dismissed if you file it on your own.
If you structured your real estate business as a corporation and more than likely as a limited liability company, you should seek the advice of an attorney for all of your evictions. Alabama has no prohibitions against individuals representing themselves in court, but when it comes to business entities different rules apply. Corporations and limited liability companies are considered to be separate entities from their shareholders and/or members. Since these types of business entities are separate from their shareholders and members, Alabama courts have dismissed cases and treated legal documents as though they never existed simply because non-attorney officers of the companies attempted to represent their companies in Court.
As a practical matter, there are other reasons for all potential litigants in any lawsuit to seek the advice of a lawyer before attempting to represent themselves. The most important of those reasons is that the Courts will not make any special allowances for individuals who do not understand or comply with the rules of court while representing themselves. That means that if you are representing yourself an Alabama judge probably will not be able to help you if you miss a deadline or do not fully understand all of the laws and rules that can affect the outcome of your case. That is why it is always a good idea to consult an attorney whenever you think you may need to file a legal action.
