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What can I do to a person who falsely claims to be a corporation or LLC?

Question by blondecatty: What can I do to a person who falsely claims to be a corporation or LLC?
Ugh, a little background here. I leased a townhome from a guy who has turned out to be an utter baffoon. I signed the lease for the town home in March, planning to move in around 1 May. I returned from overseas and NONE of the road is completed. I have a new car and have to drive through a ton of chat (gravel). Where there isn’t gravel, there is thick red clay. There is not a shed of grass. I paid a pet deposit for 2 chihuahuas. I have not stayed one night in the place since I started paying rent in mid-April. I could not bring the pups there because I would have had to sit them in a mud puddle to use the bathroom. Furthermore, they are still continuing to excavate into the hills, so there is nothing but clay all over and trucks sitting in front of my place. I couldn’t even walk them anywhere to relieve themselves.

To my point, I contacted the property manager several times about my problems. The last time I spoke with her (two weeks ago) she said she would get back to me on the road status. After she did not call me, I left a note for the owner to call me. He did not call. This week I saw the owner’s truck and just went inside to discuss this with him. He was insanely rude and talked to me as if I were utter white trash. He said if I did not “like it, then I can leave because he has 15 people beating down his door for a place everyday”. What audacity. So, I told him I was leaving, then he said I have to give 30 days notice. The contract I signed does say 30 days notice, but he as the owner challenged me to get out and they did not fulfill their obligations in finishing a road and attempting to seed some type of grass or weeds or something!

Either way, I do have an attorney and it is not over just the money. I cannot stand how this man spoke to me. It was appalling. I am thirty years old and NEVER has someone spoken to me that way.

My attorney reviewed all of my documentation. In one place they refer to themselves as “inc” or incorporated. In some portions of the paper it reads, “llc”. My attorney said that based on what they are claiming to be and what they actually are dicates certain duties, regulations, etc.

I looked through my state’s complete secretary of state website and could not find ANY record of this business under any configuration of the names I searched for. My state also has a criminal and civil court database. I searched it for the business names and the only thing that came up for this place was the owner’s name itself. No “inc”, “llc” or any of the other names they refer to their business as. It is literally just the owner’s name on the lawsuits as the defendant and plaintiff.

What is the recourse for a person or business who falsely claims LLC and INC? I have two examples of documentation where they refer to themselves both ways.

I honestly want my money back, but I am not so concerned about it. I would rather this insane man be held accountable for how he treats his tenants. If he ends up keeping my money, then rest assured he will have to “earn” it. My attorney is giving him the opportunity to return my deposit, if he chooses not to, then I will absolutely see him in court!

Best answer:

Answer by saharaaj
under common law you may file criminal case or in the alternate file in consumer court on the charge of deficiency of servce

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