QUESTION
In the event that the Lessee, happens to fall into arrears with rentals, against whom can the Lessor have recourse?
Asked on Jan 18th, 2014 on Landlord and Tenant Law - Washington
More details to this question:
Lessee enters into a lease agreement with a landlord and starts a business as a sole proprietor using a fictitious business name. A clause in the Lease Agreement requires lessee himself to sign surety ship in favor of the Lessor. His wife is also required to sign surety ship in favor of the Lessor. Can a fictitious business name of a sole proprietor be sued? Although lessee conducts business as a sole proprietor, since both he and his wife had signed surety ship, would it be correct to deem the business as a partnership and not a sole proprietor?
1 ANSWER
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The business is not an entity, so it is community property in WA . Sue "John Smith and Mary Smith, husband and wife, and their marital community, Defendants." If this is a commercial property, then the owner gets to double the rent starting on the 4th day after serving a 3-day notice to pay or vacate. See RCW 59.12.170. If the tenant has already vacated, then the double rent does not apply.
Answered on Jan 23rd, 2014 at 4:50 PM