Landlord Tenant Dispute

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption