Ask a Landlord-Tenant Question, Get an Answer ASAP!
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Can they sue me personally if all correspondence were specific to my LLC since this is an LLC issue ?
They can sue you personally but if you file a Motion to Dismiss they have to come up with some reason that you are personally liable instead of the corporation. You would support your Motion to Dismiss with an affidavit explaining that your company is the one doing this and that you were taking all actions as an employee of the LLC (or whatever role you were acting in).
Will my lease and violation of lease hold up in small claims court?
It sounds like it will but a lot depends on the lease language (and we're not allowed to interpret your documents) as well as what witnesses you bring. BE sure that if one of your complaints is that he was "disturbing the neighbors" then you need to bring at least one of them with you to testify as to that since any testimony of yours on that issue would, automatically, be hearsay.
Would a signed affidavit from the tenant with the details suffice instead of appearance ?
No, contrary to popular belief An affidavit is not admissible in a hearing. IN some cases they can be used in motions, but for the purpose we are discussing.
Yes, the defendant will likely have to refile although occasionally the court will just allow substitution of the names.
The only issue with the LLC is protection of your personal assets. If he gets a judgment against your LLC then he has to go through a lot of extra steps to try and pierce the corporate shield and get to your personal assets.
You can bring it up at a hearing but a Motion to Dismiss is supposed to be written. Most clerks don't understand the law at all and really don't know what you can and can't file but every court allows Motions to Dismiss. It's what is filed, as an example, if you reach a settlement and want to drop a case.
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Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.