Legal Question in Landlord & Tenant Law in California

I am filing a small claims case against a former landlord. They admitted they owed me my security deposit, but then cried poor and only refunded 1/3 of it. I offered to take the rest in installments, but they did not make the 2nd payment as agreed, so I asked for the full remaining amount. Now they refuse to pay any more. When I file the case, should I file against the husband and wife that own the property, or should I file against the business name I put on my rent checks (which I believe is an LLC, but I'm not sure)? For example, John and Jane Doe as defendants or The Studios at Fake St as the defendant?


Asked on 12/10/10, 8:32 pm

1 Answer from Attorneys

You can only sue whomever you had the lease contract with. If you had a contract with an LLC, you have to sue the LLC.

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Answered on 12/15/10, 10:56 pm


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