Florida landlords can often enforce a personal guaranty within 5 years of a commercial lease default, and in some cases may pursue the guarantor immediately after the tenant fails to pay. Commercial landlords in Florida frequently rely on guaranties to reduce risk when leasing to closely held businesses. This article explains Florida enforcement steps, defenses, […]
In Florida, a landlord can often enforce a personal guaranty after a tenant LLC defaults by proving (1) the lease default, (2) the guaranty’s scope, and (3) the guarantor’s nonpayment—then suing for rent and other contract damages. Guaranties are routinely enforced in Florida commercial leasing because they shift default risk from an undercapitalized entity to
In Florida, a lender can sue a personal guarantor for 100% of the unpaid business-loan balance (plus interest, late fees, and attorney’s fees if the documents allow) after an LLC defaults. Enforcement typically focuses on proving the written guaranty, the debt, and the default, then converting the claim into a collectible judgment. This article explains
How to Enforce a Personal Guarantee on a Business Loan in Florida After the LLC Defaults Read More »
