Quote Quoting doc750
View Post
My question involves business law in the state of: Maryland

I own a service station which was leased out to an operator (A). He transferred the lease to operator (b), but signed a personal guarantee regarding the performance of the lease.

Operator (B) filed for chapter 7 bankruptcy within 2 months of assuming the lease and has no assets. I contacted operator (A) and he does not want to take back the service station.

DO I have a legitimate case to pursue against operator for the remaining rent due on the lease (runs to 2016).?

Thank you in advance for your time and input.
When you say "transferred the lease", do you mean the lease was "assigned to operator B", but with NO RELEASE of LEASE issued to operator A?? If there is NO RELEASE of LEASE, then the personal guaranty of operator A is still in effect.

Now, is this a viable business?? My dad was a commercial landlord, and in cases such as this, the business itself has some value. In the case of a barber shop that went out of business, he took over the store lock stock and barrel, first tried to sell it as a standing business, then rented the place out as a fully equipped barber shop.

You can go after operator A, but as my dad found out, it was easier when he went ahead and rented the place out as a standing business. The only way operator A can pay the rent is to come back and run the business, and he might already be into the next thing, retired, or ill, and may not be in shape to run any business, or it's a money losing business in the first place.