How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88774
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was in a two member LLC. We both signed a lease on an office

Resolved Question:

I was in a two member LLC. We both signed a lease on an office building. I sold my 50% share in the LLC to the other member about 6 months ago. Now he is 3 months in arrears with the rent. What is my responsibility? The landlord is asking me for rent. I can provide a copy of the lease agreement if necessary. The lessee on the lease is the LLC.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I know you say the lessee is the LLC, but anywhere on the lease did the members sign a personal guarantee?
Customer: replied 1 year ago.

Not sure what constitutes a personal guarantee. The last two pages of the lease may answer the question to your satisfaction. How can I send the lease to you. This word processor does not seem to allow for document attachments.


 


Thanks,


 


Dale.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
You can upload the attachment here (it is a complicated process but it can be done), you type the word LEASE in your reply. Then highlight the word and if you look on the little toolbar in your reply next to the smiley face the link tool will activate and you click on that and a box will pop up. Click on the little box next to the first line in that box and you can upload your document from there.
Customer: replied 1 year ago.

Here it is.


 


Thanks!


 


Lease

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the lease.

Section 1.11 of the lease about guarantor is blank, this means you did not sign any guarantee or obligation to pay the rent if the company did not pay. Thus, you need to inform the landlord you are no longer an owner and sold your share and also you are not personally liable on the lease payments and only the company is liable so he needs to pursue the LLC and contact the owners of the LLC.

If he tries to sue, since you are not a guarantor on the contract and members of an LLC are not personally liable for the debts of the LLC absent a personal guarantee you would be able to get the suit dismissed on that alone (not to mention that you are not the current proper party to represent the LLC as you sold your share).



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88774
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Paul,

Is the fact that 1.11 is blank enough to absolve me of any responsibility?. The fact that I am a signor on the lease elsewhere, is that of no consequence? In other words, for me to be liable, that one section has to have my name?

Thanks,

Dale.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, the fact no guarantor is listed and the fact the signature lines of the contract state your positions as members and do not state "personally" is enough to absolve you of personal liability. You signed only in your official capacity.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88774
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Paul,


 


I added a bonus. Not sure if it went thru as the site flaked out at a critical point. Please let me know.


 


Dale.

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, it does not show the bonus went though, you can check with customer service if you cannot get it to go through.
Customer: replied 1 year ago.

OK, will do. Thanks again.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.