Legal Question in Business Law in Colorado
guarantor on a lease
I sold a business that had a lease in place until 9-2007. I am the guarantor on the lease for the business. The person I sold to is one mouth behind on lease payments and Nov. rent is due. The lease center has posted a notice of payment due. What are my rights? Can I lock them out until the payment is made?
1 Answer from Attorneys
Re: guarantor on a lease
Afternoon,
Unless you have a right in the agreement that provides that you as the guarantor can just go and lock them out (which I would highly doubt), do not even think about doing this. Generally, a guarantor does not have authority in this manner.
I assume you had a good asset purchase agreement and that should state what your rights are on default. A good agreement would indemnify and provide for other remedies. No way to say without reviewing those terms.
Talk to an attorney to review your matter. Do not just proceed with "self-help" because you will only get yourself in considerable legal trouble. Good luck.
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