Avoid Expensive Eviction Mistakes: Properly Naming the Tenants in Commercial Evictions
As a California-based lawyer with a focus on landlord-tenant law, I frequently encounter issues in commercial evictions stemming from improperly naming tenants. This can lead to significant legal hurdles, delays, and even the dismissal of the eviction action. Properly identifying and naming the tenant is crucial for a successful eviction process.
The Importance of Accurate Tenant Identification
In commercial leases, landlords often assume that the entity named on the lease is the proper defendant in an eviction action. However, this is not always the case. Tenants may not have properly formed the corporation, LLC, or registered the fictitious business name listed on the lease. Misidentifying the tenant can result in complications that could have been avoided with a bit of due diligence.
Steps to Properly Name the Tenant
- Verify the Tenant’s Legal Status: Before initiating an eviction, landlords should verify that the entity named on the lease actually exists. This involves checking state records to confirm that the corporation or LLC is validly formed and in good standing. For fictitious business names, ensure they are properly registered with the appropriate county.
- Conduct a Business Entity Search: Utilize online resources such as the California Secretary of State’s website to conduct a business entity search. This will allow you to verify the existence and status of the entity named on the lease.
- Investigate Further if Necessary: If the entity cannot be found in the state records, it might not exist. In such cases, further investigation is needed. This could involve contacting the tenant directly for clarification or consulting with a legal professional.
- Prepare to Prove Non-Existence: If you determine that the tenant entity does not exist, be ready to prove this in court. Gather all necessary documentation, including the results of your business entity search and any correspondence with the tenant.
Potential Pitfalls and How to Avoid Them
- Assuming Validity: Do not assume that the entity named on the lease is valid without verification. This assumption can lead to legal challenges if the tenant disputes the eviction.
- Misidentifying the Defendant: If the named tenant does not legally exist, your eviction action may be dismissed. Ensure you name the correct legal entity or individual in the lawsuit.
- Ignoring Fictitious Business Names: A tenant operating under a fictitious business name must have that name registered. Failure to verify this can result in naming an improper defendant.
Practical Example
Consider a scenario where the lease lists the tenant as “XYZ Corporation.” Before filing an unlawful detainer action, the landlord conducts a search on the California Secretary of State’s website and discovers that “XYZ Corporation” was never registered. Further investigation reveals that the tenant is actually an individual doing business under the fictitious name “XYZ Corporation,” but without proper registration.
In this case, the landlord should proceed by naming the individual in the eviction action, as they are the true responsible party. Additionally, the landlord should be prepared to present evidence in court showing that “XYZ Corporation” does not exist as a legal entity.
Conclusion
Properly naming the tenant in a commercial eviction is a critical step that requires careful verification of the tenant’s legal status. By conducting thorough due diligence, landlords can avoid the pitfalls of misidentifying the defendant and ensure a smoother eviction process.
As a California-based lawyer for landlords, I am here to assist you with these and other legal matters. If you need help verifying tenant identities, conducting business entity searches, or initiating a commercial eviction, please do not hesitate to contact my office.
For more information or to schedule a consultation, please contact my office at needcounsel@gmail.com or call us through (925) 775-1698. Let’s work together to protect your property rights and ensure a smooth legal process.