Legal Question in Landlord & Tenant Law in Ohio
I live in Cincinnati, Ohio. I am being sued in small claims about a house I had been a tenant in. I was served with a summons that lists the plaintiff as an individual. While this individual is part of an LLC, he is not the owner of the property. The LLC is. My question is, can I be sued by the individual? Or does the LLC have to sue me?
1 Answer from Attorneys
An LLC in Ohio is a Limited Liability Company. That means that it is not an natural entity (like a person). The rule is that a person can always represent himself in court and sue you on his own. But if party you owed the duty to under the lease agreement was the LLC, then the owner of the LLC cannot sue you. It has to be the LLC. Further, the LLC must be represented by an attorney licensed to practice law in the state of Ohio. It cannot be represented by the owner (unless the owner is an attorney). Otherwise that would be the unauthorized practice of law.
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