Legal Question in Business Law in Florida
Breaking an assigned lease
If an s-corp assumed an exisiting lease and has to go out of business and has to break an assigned lease from the previous lessee of the space, and that previous lessee never signed the assignment, and I also signed a personal guaranty to the lease, can I break the lease without any consequences?
I think that the original assignment is void because the original lessee never signed therefore an assignment never exisited lawfully.
Please let me know.
Thank you..concerned almost leaseholder
1 Answer from Attorneys
Re: Breaking an assigned lease
Hello: When you say you personally guaranteed the lease, is that the lease between the landlord and the person you assumed it from, or just the assumption? If it is the latter, you are probably correct stating there never was a valid assumption. Good luck. Tom Rosenblum
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