Q: I formed a LLC corporation in VA to lease a house. The lease was signed just prior to the State recognizing the entity.
I sued Tenants for damages to property but lease was invalid because corporation was not yet formed when the lease was signed, but I was told I could still sue Tenants for violating an oral agreement. The statute of limitations is 3 years. Does that mean when they moved out, paid their last rent payment, or when they moved in - that the clock begins counting down?
A:
There are times times when you need a lawyer and times when you *really* need a lawyer. This is one of the examples in the New Normal for the practice of law when the fairly old saying applies: "Pay me now (to draft the entity and file suit) or pay me (much more) later (to fix the mess)." I've often written on web sites like Quora.com that lawyers don't learn the Law in a top law school, they learn to think like a lawyer. You aren't thinking like a lawyer, and following the advice below yourself probably won't work until you think like a lawyer.
You've surely misinterpreted the court's ruling. If the entity wasn't valid because it wasn't formalized (and wasn't rescued by caselaw tgat usually saves such near missed), then the lease was signed by the natural people who signed it. Once they ... you ... join the suit, it should be able to proceed.
The appropriate statute of limitations for land possession is 21 years in Virginia. (I never recite statutes of limitations when giving legal advice unless there is a book in my hand, and I have no book in my hand. I'm chatting informally, and, until we have a signed retainer agreement, I'm not your lawyer. You should rely on this as you would if you read it in a novel.) When that statute runs, the tenant will be able to assert reasonably that they own the land by adverse possession. The statute of limitations does not help you. A suit by you AND the LLC might. A good lawyer would help more: at formation of the LLC; at drafting of the lease; and at filing the lawsuit. Get one.
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