Landlord Tenant Dispute

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Landlord Tenant Dispute

I’m newly a widow. Before passing, my husband signed for a lease space without my
consent. The landlord is trying to hold my LLC responsible for this. How can I
fight this?

Asked on January 23, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your husband was an owner (i.e. member) of or officer of (e.g. manager or VP) of your LLC, then he had the authority to sign a lease on behalf of the LLC. The fact that he did not have your consent is irrelevant as far as the lease and landlord goes: if someone has actual or "apparent" authority ("apparent authority" is when someone, by dint of their position, title, etc. would seem to any reasonable person outside the company to have the power to do what he is doing), they can obligate the company. Your husband's passing does not invalidate the lease with the LLC any more than the death of a manager or VP or Microsoft would let Microsoft get out of its obligations signed by that person: while the scale is very different, the principal is the same.


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