Legal Question in Landlord & Tenant Law in California

Small Claim for security deposit when property is held by a family trust

I need to sue for the return of my

security deposit after the end of a

lease on a single-family residence.

The lease shows the woman

individually as the owner, but the tax

assessor's office shows the property

is owned by her trust. Do I sue her or

the trust?


Asked on 5/01/09, 8:46 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Small Claim for security deposit when property is held by a family trust

Name both her as an individual and as trustee of the [name] trust. It's always safer to cover all bases. If she signed the lease without "trustee" after her name, she might be individually liable as well.

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Answered on 5/01/09, 10:14 pm


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