Legal Question in Landlord & Tenant Law in New Jersey
Commercial Lease
I signed a commercial lease and a personal gaurantee when I purchased a business. I sold the business 1.5 yrs later. New owner signed the the personal guanrantee & lease.6 months later new owner closed the business and filed bankruptcy.now the landlord is sueing me for unpaid rent n future rent. Which totals close to 1 million dollars. I was in good standing with the landlord during my ownership. Doesnt selling the business mean transfering all rights to new owner. Do I have a strong case & what is my defense? What are my chances of winning this case?
2 Answers from Attorneys
Re: Commercial Lease
There is way too much money at stake here for us to be discussing your business in a public forum. For now, suffice it to say that you have a big problem if you did not get a release of your personal guarantee when the business was sold. However, that need not be the end of the issue.
You are, of course, not going to turn over $1M without raising all the defenses that you can. From the few facts given, I can't tell what all of these might be and I wouldn't disclose them here in any case. If I can be of help to you (and I think I can), call or email using the contact information that is linked to this reply.
Re: Commercial Lease
You will be getting replies from many attorneys. I have read John's reply and I absolutely agree with what he says. You have far too much at stake here. You absolutely must hire an attorney to defend you.
Since you are asking these questions, it is pretty clear that you had either no attorney or an attorney who can not now answer these questions. Get another attorney, different from whoever you used before. When you sold the business, your attorney absolutely should have taken care of this for you. If your attorney did not, then that is a huge problem.
You need to bring all of the documents to an attorney, hire the attorney to defend you, and get prepared now. Do not wait until the landlord sues you, you will need all the time you can get to fight this.
I would like to be your attorney. I have represented many commercial tenants and several landlords, and I have fought this type of matter in court several times.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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