Commercial Rental

UPDATED: May 29, 2009

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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


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

Answered 13 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,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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