Landlords sometimes try to block tenants—especially those operating under LLCs—from asserting their rights by saying: “You haven’t signed any agreements or contracts, so you can’t file a UCC.”
Here’s what you need to know:
- Unlawful Detainer ≠ No Protection
If you receive an unlawful detainer (eviction notice), you are not powerless. Even without a signed lease agreement, your LLC can still take steps to protect its assets.
- UCC Filings Don’t Always Require a Debtor Signature
Under the Uniform Commercial Code (UCC), certain filings can be made without a debtor’s signature when the purpose is asset protection. This means your LLC can secure its interests even if the landlord refuses to provide a formal lease contract.
- Why This Matters
- Your LLC is a separate legal entity.
- Filing a UCC can establish a public record of your claim and protect your business property.
- It creates leverage in disputes where landlords attempt to erase your rights by withholding agreements.
- Defense Strategy
1. Document all communications and payments made to the landlord.
2. If served with an unlawful detainer, prepare to file a UCC financing statement to protect your LLC’s assets.
3. Consult with a legal professional to ensure filings are enforceable and properly recorded.
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✨ Key Takeaway
Don’t let landlords convince you that “no contract” means “no defense.” As an LLC tenant, you have tools under the UCC to protect your assets—even without a debtor’s signature—when facing unlawful detainers.
By: Johnny Morales