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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I had a default judgement against me that was set aside this

Customer Question

I had a default judgement against me that was set aside this week. Now I need to file an answer by October 3rd. I have several affirmative defenses however I don't know exactly how to write an answer in legal terms. Need help with that and I would prefer an Arizona help me with that. The lawsuit is regarding a commercial lease and personal guarantee.
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  Maverick replied 12 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 12 months ago.

I am not sure if we have an AZ lawyer on staff but I have the knowledge and expertise to walk you through this. I would suggest that we do a phone call and the cost of that is $40.00 more than the deposit that you have posted. I will send you an offer of services and if you accept that offer, then please come back here and type a phone number in so that the system will prompt me to come back and view this question.

Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.

Expert:  Maverick replied 12 months ago.

Please ignore the first offer as that was sent in error....

Customer: replied 12 months ago.
Hi Maverick, the first response really isn't an answer and you said to ignore the first offer. Not sure what you want me to do here. It's a little late now for a phone call and i don't want to rate you without an answer. Do you want me to accept an offer tomorrow and we can talk about it over the phone. I really need an in depth look at my affirmative defenses as they are somewhat complicated. In a nut shell. I signed a lease with no option to renew. I also signed a personal guarantee that was continuing though at the time I thought that meant I did not need to sign a new guarantee if I was a part of renewing a subsequent lease. I left the company and my former partners signed a new lease and then defaulted. I did not sign the new lease. There is case law dealing with the expansion of a guarantee and also case law regarding consent. The guarantee is pretty hardcore as it says renewals can be signed without my consent, but the original lease did not contemplate any extensions or renewals. There was nothing in the original lease "expressed terms" showing it to be of a continuing nature. I am using Westcor v pickering as my defense (you can google it). And also laws of surety/guarantee. I did not benefit at all from the renewal of the lease. If this is something you have experience with and can help me put this into legal terms than I would be interested in speaking with you.
Expert:  Maverick replied 11 months ago.

The issue in your case is what factors can you point to to show that the "new lease" that your partners signed was in fact a "new lease" as opposed to a "renewal"? For example, was the lease that they signed for a different term/duration then the original lease? Was it for a different time period as defined by month and day as opposed to the original one? Any other things you can think of such as changes in the terms between original and new lease?

Customer: replied 11 months ago.
The first amendment was for an additional suite and doubled the price of the monthly payment. I feel my obligation ended right there. The second amendment did away with the additional suite and put the terms back to the original suite and renewed at the same rate as the original lease for an additional two years. My view is my obligation ended as a guarantor when the first amendend went into affect, it was a new lease and my obligation cannot be re-created later even if the second amendment put the terms back to "original" condition. I did not consent to either amendment. The original lease did not contain anything in the original "expressed terms" that showed it to be of a continuing nature.
Expert:  Maverick replied 11 months ago.

So, in your case you have the arguments that the original lease did not contain anything that would reflect it of being of a continuing nature as per the case you cited. This argument is secondary to the argument that your partners signed a new lease altogether because the terms changed and thus it was not simply a renewal or extension of the original lease as contemplated by the terms of the continuing guarantee that you signed. If you are in agreement with this analysis; then we can go forward with the phone call on how to get this placed in the form of an answer.

On your end of this portal there should be a place to accept the $40.00 offer of services. Please accept that offer and come back here and input your phone number when you are ready for me to call you...

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