Building is owned by a trust, does a tenant sue trust and landlord as an individual, or just the trust?

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When suing a landlord when the building is owned by a trust, should the tenant file a lawsuit against the trustee of the trust (or the trust by and through its trustee), and should the tenant also include the landlord as an individual?

Attorney Answers

4
Slaveia Iankoulova ·
You would sue the Trustee and can sue the landlord if alter ego allegations are appropriate.
0 upvotes
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
In nearly all cases the trust, itself, will not be a legal entity. You would therefore sue the trustee, as trustee for XYZ trust. If you are uncertain regarding status and because the trust may be revocable, you can also sue the trustee, individually.
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Frank Chen ·
You would normally sue the trustee, as trustee of the ABC trust. In some cases, you could sue the trustee individually and as trustee of the ABC trust.
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Michael Doland ·
Two questions seven minutes apart at 4 in the morning from San Luis Obispo on vague facts? I really think this is homework. If not, see colleagues answer.
0 upvotes