[WSBARP] UD Gurus - Guarantors

[Paul Neumiller]

Hey, never had this come up before.  Need to evict a LLC commercial tenant.
There is a personal guarantee by members/managers of the LLC tenant.  Back
rent exceeds $100k.  As guarantors of the lease, can I (or should I) name
the guarantors in the UD lawsuit?  On the one hand, a guarantor is not a
listed on the lease but, on the other hand, the guarantor promises to pay
the rent.  The judges in this neck of the woods usually will sign a
judgement at the show cause hearing (to go along with the Writ of
Restitution).  Or, anticipating a fight due to the amount of money involved,
should landlord proceed with an action for the Writ only and sue later for
back rent against the tenant and guarantors?  It is possible tenant could
just default on everything. 

 



 

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