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My family owns rental properties and I am a tenant. The

Customer Question
properties were inherited in a...
My family owns rental properties and I am a tenant. The properties were inherited in a trust and then they converted the trust to an LLC comprised of 6 members (siblings). My mother was one of the 6 and she passed away last year. She had all ppwk in order with myself as her only benefactor. I own one sixth of the home I rent. My uncle is the landlord, does all maintenance, bookkeeping and upkeep of the property. He required 5G from each member to put in a seperate emergency account when the LLC was established and acknowledges my mother's contribution goes to me when the LLC is dissolved. He has denied my legal right to be a full member but not my 1/6 right to all profits. He is a crook. We are dissolving the company with the last piece of property, the rentals the market. He kept over 3G from each member after the last piece of property sold amounting to close to $50G he claims to have in a seperate account, "in case of an emergency". The last time I asked for my money, he made me sign a promissory note and then he took the money back when the property sold. He did the same to my aunt. I am low on money and I did not pay my rent for august or September due to the fact he can take he has 8g belonging to me. Can they evict me?
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/8/2017
Real Estate Lawyer: Dwayne B., Attorney replied 2 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,056
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Real Estate Lawyer: Dwayne B., Attorney replied 2 months ago

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Customer reply replied 2 months ago
Ok
Real Estate Lawyer: Dwayne B., Attorney replied 2 months ago

Yes, since the property is owned by the LLC which is a separate legal entity (similar to a corporation), then the LLC can file to evict you if you don't make your rental payments. The fact that there is or may be other monies from which the payments may be taken doesn't play a part in the eviction UNLESS the written lease provides that if the rental payment is not made then it can be drafted from the monies on deposit instead.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 2 months ago
My lease agreement was made prior to inheriting. Is it even applicable?
Real Estate Lawyer: Dwayne B., Attorney replied 2 months ago

Yes it is still applicable but if it doesn't have that language then the answer reverts back to the LLC being able to evict you since it is a legal entity.

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Customer reply replied 2 months ago
But the LLC would have to have an official meeting and a vote to make the decision to evict, no? And would the decision require a majority agreement or unanimous?
Real Estate Lawyer: Dwayne B., Attorney replied 2 months ago

It depends on how the LLC documents are written up. Most LLCs don't require a meeting to handle normal business endeavors. I've never seen an LLC agreement that requires a unanimous vote, all of them I've seen and drafted required a simple majority vote, but, again, the papers could be drafted to require a unanimous vote.

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Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,056
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Experience: Began practicing law in 1992

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