Lease Guaranty Not Enforceable Without Signature of Guarantor

July 31, 2014
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Facts: After an office tenant held over its space past its lease term and stopped paying rent, the owner sued the tenant’s president in his personal capacity, asserting that he was a guarantor of the lease and thus was responsible for paying the rent when the tenant stopped. The president claimed that he hadn’t executed a personal guaranty of the lease between the tenant and owner that could be enforced. A trial court agreed and ruled in favor of the tenant. The owner appealed.

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