Legal Question in Business Law in Florida

Breaking a Commercial Lease with Personal Guarantee
I signed a 5 year commercial lease as a guarantor in April and unfortunately, I will not be able to open the business because of a medical diagnosis. Nevertheless, the landlord is very upset now and threatening to turn my file over to their legal department; understandably so since rent for the month of October has not been paid.

I know that avoiding them is not the answer and I need to know how to deal with this. What is the best thing to offer the landlord to help this situation? Can the landlord garnish wages, and if so, can I avoid it at all? My sister also signed as a guarantor and I do not want her to be affected.

I know that a lease is legal and binding, just wanted to know if there is anything that I can do to make things better. Any advice is appreciated.

Asked on 10/31/07, 6:31 pm

2 Answers from Attorneys

Stuart M. Address Law Offices of Stuart M. Address, P.A.

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Re: Breaking a Commercial Lease with Personal Guarantee

Unfortunately, you are liable and so is your sister. The best thing to do is either find a new tenant which is acceptable to the landlord or contact an attorney in an effort to have the attorney negotiate a early termination of the lease whereby you pay a sum but it gets you off the hook.

Answered on 11/01/07, 9:24 am

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