Tuesday, August 26, 2014

In Orange County, California, can a suspended corporation collect rent money from tenants?

Question

In Orange County, California, can a suspended corporation collect rent money from tenants?



Answer

Technically, no. However, the law on suspended corporations is that all they have to do is correct whatever they did that got them suspended, and everything the corporation did while suspended is retroactively validated. So if a tenant doesn't pay rent because the corporation is suspended, the back rent immediately becomes past due the moment the corporation cures its suspension and the tenant can be evicted if they don't pay the back rent within three days of a notice and demand to pay. If the three-day notice was given while the corporation was suspended, that too could be retroactively validated, in which case the tenant wouldn't even have the right to pay the back rent if the corporation wanted to evict them.



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