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LLC Members Want to Evict Another Member

Discussion in 'Other Ownership, Use & Privacy Issues' started by Danny198000, Feb 6, 2019.

  1. Danny198000

    Danny198000 Law Topic Starter New Member

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    I have a fun one for you. I'm a member of an LLC that has a property with one of the members renting one of the apartments that are part of the property. The occupying member has threatened to stop paying rent due to a disagreement amongst the LLC members. I don't believe this is a violation of the LLC operating agreement but it is a violation of the month-to-month rental agreement. Is my only recourse to evict him as a normal tenant would be evicted or is there something in particular I need to think of due to him being an LLC member?

    It's likely he will be voted out as a member of the LLC and per the agreement will need to try and sell his interest in the membership (or attempt to).

    Any advice?
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    The member renting the apartment is a tenant like any other. If the LLC wants that tenant out it has to go through the eviction process.

    Removal of the member from LLC membership is a separate matter. Doing that won't get him/her out of the apartment.
     
  3. adjusterjack

    adjusterjack Super Moderator

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  4. zddoodah

    zddoodah Well-Known Member

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    If he's a tenant, then the landlord's recourse for non-payment of rent is eviction. That the tenant also happens to be a member of the LLC-landlord isn't relevant, except to the extent that the tenant-member can use his status as a member to thwart the eviction..

    Consult with a local landlord-tenant attorney.
     

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