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Can my landlord evict me even if I signed the lease with his LLC and his LLC is now defunct?

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I received a 3 DAY notice to pay or quit and the plantiff's name is not the LLC but his name. The lease clearly states that the contract is between myself and the LLC. I checked the secretary of state website and the LLC's status is currently "suspsended". I know he is the agent/member of the LLC, however, I have not received an amendment to the lease. Not only that, the rental property is under his wife's name not his name.

Can he still evict me after I refused to pay rent towards his name?

This is based in California.

Attorney Answers 3

Posted

EVentually, yes. If he or the LLC sues you (the 3 day notice doesn't have a plaintiff, that notice can have the property manager's name) if you don't pay the delinquent rent in the 3 days, you can argue that the LLC is unable to be in CA court because of being suspended. That could buy you some time, but all the landlord has to do is get their LLC active again (usually that means paying FTB tax) to pursue the eviction.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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Posted

Probably not. A suspended entity can neither sue nor be sued in California.
If you are sued, contact an attorney and provide him/her your documents.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.

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2 comments

Dana Howard Shultz

Dana Howard Shultz

Posted

The answer is half-correct in that a suspended entity cannot bring suit. The answer is half incorrect: A suspended entity *can* be sued - it *cannot* defend itself.

Phillip Monroe Smith

Phillip Monroe Smith

Posted

Mr. Shultz is correct.

Posted

Provided the entity is suspended for failure to pay taxes, or file a tax return then it may not prosecute or defend action, nor appeal from adverse judgment in an action. Your landlord apparently attempts to evade this prohibition by instituting an action with himself as the plaintiff.

I suggest getting a certified copy of the status of the LLC, and request that the court take judicial notice of this public record. It is possible that you can demur or move for judgment and strike your landlord's complaint based upon misjoinder, or lack of standing since the lease is not in his name.

The statements made above are for informational purposes only, and not for the purpose of providing legal advice to a specific problem. You should contact your attorney to obtain advice with respect to any particular issue or problem.

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