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Tony Thomas
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42
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Tenant eviction through an LLC

Tony Thomas
Posted

Does anyone have experience evicting tenants when the property is held by an LLC? We came across an issue where we were forced to use a lawyer to go through the process of an eviction because the property was listed under an LLC. This added cost over filing it ourselves. Is there a work around to this?

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It depends on the state. In my state (NJ), if an LLC owned property evicts a tenant, they're required to have legal representation, so the LLC would need to get a landlord/tenant lawyer. That's an expense, but it also makes the process easier.

In places where evictions are quick or pretty open/shut, I'd just ask a court clerk or someone who would know as they've seen it hundreds of times before. It might be that a managing member needs to appear in person or have an authorized agent appear in person, which means you'd need to present the form showing that the authorized agent (like a PM) is allowed to manage the LLC's property (usually those forms are either one page or one page out of a slightly longer landlord registration form).

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