QUESTION: Dear Legal Wiz,
I am going away to my job in the USA (in New York). I need to start the proceedings for rent owed to me and the house because on top of owing me the tenant is a hooligan.
She is acting as though she is not supposed to pay any rent because I live abroad. She is always threatening me. She now owes me 5 months rent at $15,000 per month.
I will be in Jamaica in two weeks and will need to start the rent case in court, and give her a notice.
Calvin Leslie

RESPONSE: Dear Calvin,
It is clear you will need someone to act on your behalf whether you use an attorney or not. The Court process can be tedious and time consuming.
It would seem that you will end up starting the case for the rent seperately from the case for evicting the tenant.
There is no guarantee that your case will be over on the first day it is addressed by the Resident Magistrate.
Additionally, the tenant may not come out when given the Court order to leave, and you may need to follow up on this.
This traveling to and fro can be costly, much more than you bargained to spend, especially if you also have to follow up to get the back rent, if it can be proven she can but refuses to pay up.
Therefore as soon as you land in Jamaica work on getting someone responsible to assist you physically when you are overseas, and this person will need a power of attorney document to attend court and act otherwise on your behalf in your absence.
Legal Wiz

DISCLAIMER:
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
The Legal Wiz networks professionals from all fields to serve the interest of all Jamaicans and persons relating with Jamaicans.