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Old 03-25-2022, 08:35 AM
 
Location: Selma NC
1 posts, read 491 times
Reputation: 10

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Hello.. Newby to the forum. I have a tenant owns a franchise company and that renewed his lease a few months ago. He has now sold his business to another company. Same franchise. The original lease is in the franchise name but there's a personal guarantee statement for monthly rent payments. It is signed and notarized by the business owner. Am I obligated to continue the original lease.? Or is it now void and I need to start a new lease with the new franchise owner?. Thank you much. JS Brown Raleigh NC
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Old 03-25-2022, 08:42 AM
 
1,231 posts, read 3,152,783 times
Reputation: 1461
How are we supposed to know? Call a real estate attorney. I would void and restart.
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Old 03-25-2022, 09:10 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,642 posts, read 81,368,328 times
Reputation: 57887
I agree that you should probably see an attorney, since you are not familiar with the process required to do a lease "Assignment" in which it changes over to the new franchisee, but leaves the original on the hook in case the new one
defaults.
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Old 03-25-2022, 09:20 AM
 
Location: Morrisville, NC
9,150 posts, read 14,786,297 times
Reputation: 9073
Generally assignments are covered in most commercial leases. If not, you do need a real estate attorney. Probably even if it is covered.
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Old 03-25-2022, 10:40 AM
 
Location: Raleigh, NC
5,907 posts, read 6,982,170 times
Reputation: 10346
Free legal advice from random people on the Internet is worth every penny you pay for it.
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Old 03-25-2022, 10:54 AM
 
Location: Cary, NC
43,353 posts, read 77,229,425 times
Reputation: 45695
Quote:
Originally Posted by wirez71 View Post
Hello.. Newby to the forum. I have a tenant owns a franchise company and that renewed his lease a few months ago. He has now sold his business to another company. Same franchise. The original lease is in the franchise name but there's a personal guarantee statement for monthly rent payments. It is signed and notarized by the business owner. Am I obligated to continue the original lease.? Or is it now void and I need to start a new lease with the new franchise owner?. Thank you much. JS Brown Raleigh NC
Are you the building owner or a property manager for the building owner?
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Old 03-25-2022, 01:26 PM
DPK
 
4,595 posts, read 5,735,793 times
Reputation: 6220
Lawyer up.
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