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Moderator
    08/27/08 at 09:25 AM
Reply with quote#1

I signed a commercial lease as a dba about a year ago, I have since incorporated about six months ago. Now I am being sued for non-payment under my personal name for eviction. Can they file a suit for eviction if I am now INC.? Do I have any protection under the INC or do my rights not apply to prior contracts or leases?

attorney
    08/27/08 at 09:32 AM
Reply with quote#2

If you signed in your personal name, you are personally liable under the lease. To not be liable personally you would have needed to sign in the name of your Inc or assign the lease to your Inc. You could have assigned the lease to your Inc if the lease allowed for assignment. However, even if you had done this they could evict the corporation. Being incorporated protects your personal self but it does not prevent suits from being brought against your entity.

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