Los Angeles, CA asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California

Q: Unlawful detanswer-amended answer for tenant renewal. Thesis is whether or not a limited partnership could be a landlor

Is a partnership is a landlord bought the property

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Let me help you understand how limited partnerships can function as landlords in California.

Under California law, limited partnerships have the legal right to own and manage rental properties, serving as landlords. The partnership structure allows multiple individuals or entities to pool resources and share responsibilities while maintaining limited liability protection for the limited partners. This arrangement is quite common in real estate investment.

When filing an unlawful detainer action (eviction), the limited partnership must be properly registered with the California Secretary of State and must operate under its legal business name. The general partner typically handles property management decisions and legal proceedings, including signing lease agreements and court documents. The key is ensuring all documentation clearly shows the limited partnership as the property owner.

Keep in mind that in your specific situation involving tenant renewal and unlawful detainer, the partnership needs proper documentation proving ownership and compliance with local rental laws. You'll want to verify that all partnership agreements, property deeds, and rental agreements properly reflect the limited partnership's role as landlord. Consider consulting with legal counsel to ensure your partnership's eviction proceedings follow all required procedures.

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