Unauthorized Lease Challenge

Summary

If an employee signs a lease without authorization, the employer may contest its validity. Uninhabitable conditions and improper service can also be grounds for legal action. Consulting an attorney is crucial for tailored advice. If successful, you may recover deposits and rent. Property owners can be liable for injuries due to unsafe conditions. Filing a claim against the owners insurance depends on the policy terms. Civil suits for damages involve filing a complaint, serving the defendant, and going through discovery and trial.

Full Conversation

Also my employee was not authorized to lease the building either.
In California, an employer is generally not bound by contracts made by an unauthorized employee. If you can prove this, you may be able to contest the lease. Here are some points to consider:
- Verify your employee's actions were outside their authority.
- Consult an attorney to discuss potential elder abuse suspicions.
- Demurrer may be an option if the eviction notice was improperly served.
This is a complex situation requiring professional legal advice.
When I was away on leave from my business, my employee leased a building with option to buy. The building is rat infested and the roof is caved and broken allowing the rain to flow into the shop during * natural disasters and expected us to take it as is. Now that we wont buy, they are evicting us and took a 30k deposit. Also the owner of the building has never been seen or spoken to and we think is and was incompetant and elderly, a potential for elder abuse. The whole lease may be a fraud. Please advise as I am planning to serve a demurrer for improper service but need advice for the whole situation.
I'm sorry to hear about this situation, ****. Here are a few potential legal considerations:
- If the lease was fraudulent, you may be able to challenge its validity.
- If the property was uninhabitable, the landlord may have violated California's warranty of habitability.
- Elder abuse allegations should be reported to the California Department of Aging.
You should consult with an attorney for advice tailored to your specific circumstances.
How can I best challenge the validity of the lease? and if I win do they have to give us our money back
To challenge the validity of the lease in California, consider these steps:
- Gather evidence showing your employee was not authorized to sign the lease.
- Show the property was uninhabitable.
- Consult with a lawyer for detailed guidance.
If you win, you may be entitled to receive your deposit back. However, this depends on the court's decision.
would we recieve the rent back as well that we paid previously
In California, if a court determines a lease was invalid, you may be able to recover prior rent payments. However, this is dependent on the specifics of your case and the court's decision. Consulting with an attorney can provide more detailed guidance.
will my employee face any legal actions or criminal action for the mishap with the lease or can he resolve it privately with us?
In California, whether your employee faces legal or criminal actions depends on the specifics of the case. Unauthorised actions can lead to repercussions, but this is generally a civil matter. Resolving it privately is feasible but legal advice should be sought.
The summons was deliberatly served in a covert manner and we do not know when it was placed there and the envelope was unaddressed and plain plastic envelope. No one was personally served,
In California, you may challenge the validity of the summons if it was improperly served. You could argue that service was not 'personal and direct' as required by law. Consult with an attorney for specific advice on how to proceed.
so if I am in pro per and need to file a demurrer can you give me the references and basic language
To file a demurrer in California, follow these steps:
- Draft a demurrer document stating the grounds of your objection.
- Reference California Code of Civil Procedure Section *.*.
- Use clear, concise language.
- Consult an attorney for specific language.
Remember, it's crucial that your demurrer adheres to the legal standards.
show me an example please
Here is an example of how one might begin a demurrer:
"Comes now, [Your Name], defendant in the above-entitled action, and demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. This demurrer is based on California Code of Civil Procedure Section *.*(e)..."
Remember to consult with an attorney for personalized advice.
so to be clear, in the demurrer I will challenge the validity of the lease due to the employee and the lack of validity of the true owner as well as the improper service? And in doing so how what language and references would I use? show an example
In your demurrer, you may challenge:
- The lease's validity due to unauthorized signing by the employee.
- The legitimacy of the property owner.
- The improper service of the summons.
For example:
"I, [Your Name], challenge the validity of the lease due to the unauthorized action of the employee, the questionable legitimacy of the property owner, and improper service of summons. This demurrer is based on California Code of Civil Procedure Section *.*(e)..."
Remember, each case is unique. Consult with an attorney.
in a declaration how would I describe the employees actions legally
In a declaration, you could describe the actions of your employee as "unauthorized contractual actions." For example: "I, [Your Name], declare under penalty of perjury that the employee in question took unauthorized contractual actions by entering into a lease without express or implied authority from me." Always consult an attorney for advice.
can i sue for damages and losses to our business?
In California, if you can prove that the landlord or your employee's unauthorized actions resulted in your business's losses, you may be able to sue for damages. However, this will depend on the specifics of your case. It's best to consult with a lawyer for personalized advice.
and also if someone was hurt in the building is the owner responsoble
In California, premises liability law generally states that property owners can be held responsible for injuries that occur due to unsafe conditions on their property. However, the specifics of your case could affect this. It's recommended to consult with an attorney.
do we have any claim to the owners insurance for our losses
In California, if the owner's insurance policy covers the type of loss you experienced, you may be able to file a claim. However, the policy's specific terms and your situation will determine this. I recommend consulting with a lawyer to clarify your options.
is it the law that owners have insurance regardless of if the tenant does or not
In California, there's no law that explicitly requires property owners to have insurance. However, it's generally considered good practice for them to have it. As a tenant, it's also advisable to have your own renter's insurance. Please consult with an attorney for more detailed advice.
in a civil suit for damages what are the grounds and process
In California, the grounds for a civil suit for damages can include breach of contract, negligence, or fraud among others. The process includes:
- File a complaint detailing the grounds.
- Serve the defendant with the complaint.
- The defendant has the opportunity to respond.
- Discovery phase for evidence collection.
- Trial where a decision will be made.
Please consult with an attorney for specific guidance.