Forcible Detainer Action Dismissed For Having Been Filed By a Non-Attorney

 

Forcible Detainer Action Dismissed For Having Been Filed By a Non-Attorney

       In this 2020 decision, the Court of Appeals considered whether a forcible detainer (eviction) proceeding could take place when the landlord LLC did not retain an attorney to bring the answer. Because an LLC may appear only through a licensed attorney the action was dismissed. Phillips v. M & M Corbin Properties, LLC, 593 S.W.3d 525 (Ky. App. 2020).

         Finding that the eviction as granted by the district court and affirmed by the circuit court were improper, the Court of Appeals held:

Because M&M Properties, LLC is an LLC, the district court should have dismissed its detainer petition against Phillips because it was not filed by an attorney licensed to practice law in Kentucky.