Legal Question in Credit and Debt Law in Florida

I was a personal guarantor for a lease along with two of my friends (husband and wife) for a rental property where we were going to start a business venture together. After a few months, they decided that they wanted to run the business without me involved. They pushed me out of the business and as a result, I resigned from the corporation, however, I still allowed them to use my license to operate the business for a period of 6 months until they could get the license themselves. A few months later, I discovered that they are getting evicted from the rental property and we are all being sued by the landlord. I have since started a new business under an LLC. Is my new business protected against a personal law suit? If they sue me personally, can they take my business? I am at a loss as to what to do. I attempted to contact the landlord, however, he is set on eviction, so that he can take over the existing business. Even if I pay him the amount owed, he is still evicting due to the default. He has already formed a corporation in order to take over the business. The rent was not paid in June, and by July 13th, his corporation was entered with the Secretary of State. He has no intention on allowing the business to remain under another persons name. He wants to take over.


Asked on 8/09/09, 9:40 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

I would suggest you have an attorney look into all the documents and this matter. You personally are stuck on the lease as well as the others, unless it was only in the company's name. I do not understand how the landlord is taking over the old business. I also do not see how the landlord will be able to affect your new business, unless he or she intends on obtaining the stocks of the business in your name after judgment. You also may have a claim against your friends. See an attorney.

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Answered on 8/09/09, 3:40 pm


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