Legal Question in Real Estate Law in Pennsylvania

Lein placement on officer's property when corporation defaults on lease.

Can a landlord place a lein on a corporate officer's personal home when the corporation defaults on a lease? The secretary of the corporation (my wife)signed a surety agreement. We started a small corporation and leased an office for a 3 year term. We were apprehensive about the length of the lease and the landlord assured us verbally that we could get out of the lease if needed and that he had let people out before. My wife's father came down with cancer and we had to move away after only 7 months. The landlord is threatening to put a lein on our home we still own in the area. Is that possible since the corporation leased the office? What is the surety agreement? My wife signed it but her name is not on our house.

Thank you


Asked on 10/24/02, 3:21 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Lein placement on officer's property when corporation defaults on lease.

A corporate officer signing a lease in her corporate capacity is not responsible for the lease obligation. However, the lease must be reviewed to determine whether there were any guarantee provisions contained in the lease. The lease must be reviewed in detail. I would be happy to review the lease for a minimum charge and advise you. Please let me know if I can assist you. Gerald Hershenson 215-579-9390.

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Answered on 10/24/02, 3:58 pm


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