[RPPTL LandTen] Lease Guaranty Question

[David Weisman]

It would seem that something has been guaranteed. If I were the Landlord, I would argue to a court: Why would the principal of the Tenant sign a second time with the word guaranty there if he did not intend to guaranty something?


David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

[cid:image001.jpg at 01CC1002.C48066B0]


From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank
Sent: Wednesday, May 11, 2011 4:36 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Lease Guaranty Question

Question for my esteemed colleagues:

Tenant/client presented me with their existing lease.  Tenant believes it is guaranteed, but not sure.

There is no separate guaranty.  The Lease itself does not include any Guaranty language or clause.  The only indication of a guaranty is that there is a second signature page to the Lease, with a title over a signature titled "Guarantor".  The tenant's principal did sign this line in his individual capacity.

So is this Lease personally guaranteed?  Part of me says yes (as the individual signed the Lease in his individual capacity), part of me says no (no guaranty provisions, and the individual is not named as tenant in the Lease).

However, most of me says "?????", so I am throwing it out there to the group for your opinions.

Thanks in advance.

Please note our new address.
Scott A. Frank
Attorney at Law
LAW OFFICES OF SCOTT A. FRANK, P.A.
7781 NW Beacon Square Boulevard, Suite 102
Boca Raton, FL 33487
p:  (561) 372-7860
f:  (561) 423-5721
sfrank at saflaw.com<mailto:sfrank at saflaw.com>
www.saflaw.com<http://www.saflaw.com/>

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20110511/59ff7810/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7281 bytes
Desc: image001.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20110511/59ff7810/attachment-0001.jpg