Legal Question in Real Estate Law in Florida

My business partner and I owned 50% each of a Florida S-Corp. He was the CFO / Treasurer / Secretary and absconded on 12-20-1017 abandoning all his duties and closing accounts, etc without board of directors approval. We leased a commercial property and he was the sole guarantor. The lease has just automatically rolled over on 11-30-17. I explained to the landlord the situation and no rent was paid to date while I looked for a new business partner and new funding since he left the corporation in dire financial state. After an audit there was so much damage discovered that I had to start a new company. The landlord recently said I can sign a new lease but I have to pay the back rent that was incurred by the old company and guaranteed by my former business partner. Is this legal? I feel I shouldn't have to pay any debts guaranteed by someone else.


Asked on 2/26/18, 5:41 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

yes it is legal for them to require whatever they want. you can certainly go to another location and not have to bear those burdens,

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Answered on 2/26/18, 7:22 am


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