Ask a Lawyer
Ask a Question

Posted Jan 6th, 2012
How can a commercial rental lease be terminated by the person who signed as guarantor and cannot
afford to pay the monthly rent anymore?

Additional Details:
I am the wife of the person who signed a lease as a guarantee person on a lease for our son. Since
the signing our son has not paid on the lease. We have paid for 10 months. We cannot afford to pay
anymore. The landlord is not willing to break the lease. Do we have any options?
Legal Topic Area: Commercial Litigation in FL

Generally, if the guarantor was not a party to the lease there isn't much he can do in this situation. After all, that is the whole point in having a guarantor in the first place. However, I would suggest that you have an attorney take a look at the lease to see if in fact it is legally binding. Sometimes there are ways to challenge these. There might also be other recourse available including perhaps trying to somehow negotiate out of the lease. Assuming its more than a one year term it might be worthwhile to pay some money for a legal consult.


Answered on Jan 12th, 2012 at 1:51pm