Commercial Rental

Tenant closed shop without notification. Signed contract with business (S Corp). Can we lien personal property?

Asked on May 29, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you had the tenant sign a personal guarantee of the lease or contract, you might well be out of luck on this one.

An "S" corporation is still a corporation, and if that's who your contract is with, that's the "person" whose assets you could lien with a judgment, without that personal guarantee.  There are very limited exceptions, mostly having to do with fraud, that might allow you to "pierce the corporate veil" and get to the individual owner's personal property -- but it's usually very difficult, if not impossible, even for experienced lawyers.

All of the facts of a case need to be considered, for sound advice, so I would recommend that you consult with a lawyer in your area.  One place to look for an attorney is our website, http://attorneypages.com


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