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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118812
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was in a two member LLC. We both signed a lease on an office

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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.
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 4 years 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.







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 4 years ago.

Here it is.





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 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.

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Law Educator, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 4 years 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?


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. and other Real Estate Law Specialists are ready to help you
Customer: replied 4 years 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.



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 4 years ago.

OK, will do. Thanks again.

Thank you.