Legal Question in Landlord & Tenant Law in California

Re: Had signed a personal guarantee for a commercial lease

You need to retain someone in California (I assume that's where the lease was) to investigate this further. In theory, the landlord is only entitled to (1) the two months rent for the time the space was not leased, (2) any cost associated with re-letting the property, (3) any difference in rent between what you would have paid and what he has received for the past two years. Problem you face is that if he went to court and obtained a judgment against you for the full amount of two years' rent, then you may be out of luck in terms of challenging the judgment. There are very short time frames in which to set aside a default judgment, or a judgment which you failed to defend. As a guarantor, you are no question liable for the damages. Your wife, given you were living in a community property state at the time the damages were accrued, could be liable under a community property theory as well, and yes, bank accounts could be levied to repay the debt. I again strongly suggest you contact a local litigation attorney.

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