[RPPTL LandTen] Lease Guaranty Question

Wed May 11 14:56:14 PDT 2011

To stand, I believe the Guaranty is going to have to be supported by consideration.

Attached is a 2001 article from the Bar Journal that might provide some insight.

Regards,

Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Wednesday, May 11, 2011 5:42 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Lease Guaranty Question

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

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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
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