What is an LLC’s rights to sue a landlord?

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What is an LLC’s rights to sue a landlord?

I’m in an LLC and our landlord is in breach of the lease. Not everyone in the LLC wants to sue. Can I sue them by myself, outside the LLC? The landlord hid the fact that there are hazardous materials in the building. I am willing to leave the LLC.

Asked on January 21, 2011 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a lot of different issue going on here and it will be very difficult to give any guidance on this matter without reading your operating agreement for the LLC as well as your lease agreement.  You need to seek legal guidance from an attorney in your area on this matter.  Who has the right to sue within your LLC structure?  How do you make decisions: majority? 2/3? The answers to these questions need to be evaluated and that will guide you in how to act here.  But I can say that a hazardous condition that was hidden by your landlord could in fact be a breach of the agreement and the warranty of habitability and get you out of your lease.  Good luck. 


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