Legal Question in Business Law in Florida

if you sign a lease under a corporation name and also sign as guarantor under your own name can a landlord keep you as guarantor if you sell the business and change officials in the corporation if you don't want to?

Asked on 8/12/10, 5:19 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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A landlord is not required to agree to allow you to assign a lease agreement and can set any requirements he/she desires in order to accept an assignment to a third party. Generally, the original lease will state that the lease is or is not assignable and even if it is, the assignor(s) who is/are the party selling the business and asking the landlord to accept a new tenant shall remain liable for the balance of the lease. If you originally personally guaranteed the lease, the chances are very good that the landlord will require that the guarantee remain in full force and effect even after the transfer. Sometimes the landlords will waive this clause or requirement if the new tenant is financially sound or agrees to provide an substantial deposit.

Scott R. Jay, Esq.


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Answered on 8/17/10, 6:24 pm

Yes, unless the Landlord releases you from the guarantee.

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Answered on 8/18/10, 4:46 am
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say whatever changes occur in the corporation (officers, selling the business, etc.) have nothing to do with your personal liability under the lease. You are still liable. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/18/10, 8:00 am

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