Re: landlord sue previous tenants (commercial lease)

You ask to be as "precise as possible," but unfortunately your questions do not lend themselves to exact answers. To question #3, if only your corporation signed the lease and you were not required to sign a guaranty agreement, your personal assets "should" be protected. However, the landlord may attempt to sue you personally by claiming that you failed to follow the formailities of a corporation (e.g. failed to properly incorporate, hold annual meetings, take written minutes of board meetings, etc.) or commingled personal and corporate funds. It's called the "alter ego" theory or "piercing the corporate veil."

As for your other questions, it sounds that you and the 4 other "owners" all occupied the space under a single lease, with each new owner/tenant taking possession as a assignee of the original lease. In most commercial lease assignment, the prior tenants, as assignors, remain liable for subsequent tenants' default. If that lease has been extended or renewed subsequent to your assignment, you may be cut off from further responsibility.

As for the missing tenants, the original landlord could decide it is not worth trying to pursue them, especially if he can be made whole bythe original or any of the prior tenants.

My recommendation is that you find a local real estate attorney. Take copies of all documents that you signed with the landlord. The questions above about a personal guaranty and responsibility as assignor of the lease can be answered upon his/her review.

Good luck.