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

Asked almost 3 years ago - 92672

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?

Additional information

This is based in California.

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . 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... more
  2. Phillip Monroe Smith

    Contributor Level 18

    Answered . 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... more
  3. David Joshua Staub

    Contributor Level 3

    Answered . 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... more

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