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I'm closing up my business and leaving with unpaid rent. The…

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I'm closing up my...

I'm closing up my business and leaving with unpaid rent. The landlord wants to have me sign a Promisory Note in both my and my husbands name. My husband was not involved in any way with my business. The landlord said he is doing this so he can attach a lien to my house, in the case I don't pay or die. I thought I could get a life insurance policy. What thoughts do you have on this. We are friendly and I want to keep it that way.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry, Milford, Ohio

Lawyer's Assistant: Has anything been filed or reported?

No, I don't think so.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The amount we are talking about is $8,000.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/21/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,825
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Lawyer: Loren, Attorney replied 7 months ago

Did you sign personally, or sign a personal guaranty, or is the tenant a registered business entity?

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Customer reply replied 7 months ago
I'm not sure about a registered business entity & yes I did sign a note for the delinquent amount.
Lawyer: Loren, Attorney replied 7 months ago

Thank you for the additional information.

Unless the landlord is offering some concession, such as a discount, for your husband's signature, there is absolutely no reason to expand the liability by having him obligated, as well as you.

If the landlord wants your husband to sign then he should be offering something for it, such as a discount or a limit on liability.

Also, make sure the amount is abated if the landlord starts collecting rent from a new tenant.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 7 months ago
I'm sorry, please don't call me I can't pay you right now.
Lawyer: Loren, Attorney replied 7 months ago

The site makes the phone offer automatically. It is not coming from me.

I am happy to continue online.

Did you have further questions? Have I answered your question? Please let me know.

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Lawyer: Loren, Attorney replied 7 months ago

Are you still online with me?

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Lawyer: Loren, Attorney replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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