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  1. #1
    Join Date
    Sep 2016
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    Default Who Do You Sue if Real Estate is Owned by an LLC

    A tenant in California wants to sue her landlord for the return of a security deposit, and she always dealt with him individually, but the lease is with a single member LLC and the property is titled to the LLC. Should she sue her landlord, or should she sue the LLC?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Who Do You Sue if Real Estate is Owned by an LLC

    If the LLC is named as the landlord on the lease, and also holds title, then the LLC is the proper party. However, with a single member LLC, the owner (sole member) is liable for his own acts of misconduct, so the tenant can consider naming both the LLC and its owner. She should see if a small claims advisor will review her situation and advise her about adding the owner as a party.

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