Thank you for your question. I look forward to working with you to provide you the information you are seeking.
If you allow them to put their company name only on the lease, then you would have to file to evict the company itself, which would mean that the secretary and everything belonging to the company would have to be evicted. The problem is liability for the payments in the event of non-payment, since if the company name is XXXXX XXXXX the lease, you could not sue him personally for rent payments. While you might not put her name specifically on the lease, your lease should be written to state that any employees
who might live on the premises are also governed by the terms of the lease and upon termination of the lease they would be considered part of the company and would have to vacate the premises or face eviction.
You would indeed want to use a commercial lease, since in LA, a commercial lease gives you the right to lock out occupants of the commercial premises and seize the contents of the property unlike a residential lease. In your lease you need to specify that while their employee may stay on the premises the purpose of the lease is commercial and that they agree that the landlord is allowed to lock them out for non-payment or breach of the lease and may seize any contents of the property as well.
I strongly urge you to sit with a local real estate attorney because what they are asking is not a standard commercial lease proposition and it will have to be modified based on the living condition of the secretary and I would also suggest making the owner sign a personal guarantee on the lease even though it is in the name of the company.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.