Legal Question in Real Estate Law in New Jersey

If 3 people personally guarantee a lease for a 3 year term, are each considered to be a third liable? example: If we default and owe the lessor 30k and only one member has a house, can they put a lean for 30 k on the house or only 10k?


Asked on 10/20/11, 10:55 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

It depends on how the guarantees are drafted. Typically, guarantees are drafted so that co-guarantors are "jointly and severally" liable---meaning, any one guarantor can be responsible for the entire amount of the guaranteed debt. In some cases, a co-guarantor who paid "more than her fair share" may have a contribution claim against the other co-guarantors. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

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Answered on 10/20/11, 11:03 am


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