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Stupid Landlord and Business going under

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imblest11

Junior Member
What is the name of your state? Florida

Hi, this question is more for my parents rather than for me. My parents own a bookstore in Florida that is going under. The landlord where they rented was not a good landlord at all, but I'll try not to get into that too much unless needed because it's a really long story. Anyway, they were in the middle of their 3rd year ( they signed a 5 year lease) of their business and were having a difficult time with cash flow since Florida is being hit really hard by the economic thing and by the mortgage crisis. So they did manage to get their landlord to agree to allow them to pay only half of their rent until their cash flow started back up again. Anyway, this past month, just a few days ago, they called and told him that even if they emptied the business bank account along with their personal bank account, then they wouldn't be able to pay him all of the half of the rent. Well, then he came back and told them that they have 3 days to get their stuff out or he would change the locks and seize all their stuff. This guy is an absolute idiot becasue they were one of only 3 businesses in his 6 bay building and were actually trying to get him his money. So now he is probably going to place a judgement on their house, which state of Florida makes it so he doesn't get the money until they sell it....well they bought it to retire in so they aren't planning on selling it anytime soon. So now he's not going to get any money until they sell it and he can't even get businesses in his open bays. So anyway, all this to explain that they are now closing their doors and have tons of debt. But my question is, since their lease had a personal guarentee, if the business claims bankruptcy (its an LLC)...1..would that get rid of the landlord being able to still come after them personally?...and 2..would it look bad on their credit record personally?
 


JustAPal00

Senior Member
A personal guarantee means they are on the hook personally. The only way out is to either pay the total rent due through the end of the lease, negotiate a reduced amount with the landlord, or file both business and personal bankruptcy! The bankruptcy is the only one that will hurt their credit!
 

bigun

Senior Member
Actually, there best bet is to file a personal Chapter 7 bk and list all personal debt plus, everything they personally guaranteed and let the LLC just die a natural death. You don't want anything todo with a Chapter 11 bk if you're just a small business. Those are wildly expensive.
 

Antigone*

Senior Member
Why is the landlord Stupid

What is the name of your state? Florida

Hi, this question is more for my parents rather than for me. My parents own a bookstore in Florida that is going under. The landlord where they rented was not a good landlord at all, but I'll try not to get into that too much unless needed because it's a really long story. Anyway, they were in the middle of their 3rd year ( they signed a 5 year lease) of their business and were having a difficult time with cash flow since Florida is being hit really hard by the economic thing and by the mortgage crisis. So they did manage to get their landlord to agree to allow them to pay only half of their rent until their cash flow started back up again. Anyway, this past month, just a few days ago, they called and told him that even if they emptied the business bank account along with their personal bank account, then they wouldn't be able to pay him all of the half of the rent. Well, then he came back and told them that they have 3 days to get their stuff out or he would change the locks and seize all their stuff. This guy is an absolute idiot becasue they were one of only 3 businesses in his 6 bay building and were actually trying to get him his money. So now he is probably going to place a judgement on their house, which state of Florida makes it so he doesn't get the money until they sell it....well they bought it to retire in so they aren't planning on selling it anytime soon. So now he's not going to get any money until they sell it and he can't even get businesses in his open bays. So anyway, all this to explain that they are now closing their doors and have tons of debt. But my question is, since their lease had a personal guarentee, if the business claims bankruptcy (its an LLC)...1..would that get rid of the landlord being able to still come after them personally?...and 2..would it look bad on their credit record personally?

I want to know why you think the landlord is stupid? If he isn't getting his money as he was promised, he would be stupid to keep allowing the tenants to stay. It seems to me that he is protecting his financial well-being.:confused:
 

imblest11

Junior Member
Why He Seems Stupid.

in most cases I would agree to that. but in this one I just don't understand his train of thought. He has a 6 bay building that only has 3 bays full and he has been trying to fill the other ones for 2 and a half years now but can't. They have still been trying to paying him some money, just can't pay it all. And they told him this month that they would pay what they could but couldn't pay it all. And I understand that he needs his money and we all feel really bad that we can't get him all of his money. But why his kicking the people out that are actually giving him some I don't understand. Now if they weren't paying and he had someone else that could go in there in their place I would say more power to him and he is a wise man, but why his kicking out some of the only income he does have on the place i don't get. I don't know, I guess I'm not a landlord so maybe I don't understand all this stuff and maybe he has some other motives behind it, but it just doesn't make sense to me. I would rather have some income then none...especially when I haven't been able to fill the other 3 open bays.
 

imblest11

Junior Member
just to add

And just to add to that, he still probably isn't going to get his money, because if my parents declare bankruptcy then he gets nothing. So if he's banking on the idea of not having them in there but still making money off them, he's not thinking correctly because he would either get a judgement on their house that he wouldn't get unless they sell it, which they bought this house to retire in and aren't planning on selling it....or they declare bankruptcy....and if his business isn't getting any cash flow then what is to keep his business from folding, and then lifting any judgements on their house.
 

Antigone*

Senior Member
And just to add to that, he still probably isn't going to get his money, because if my parents declare bankruptcy then he gets nothing. So if he's banking on the idea of not having them in there but still making money off them, he's not thinking correctly because he would either get a judgement on their house that he wouldn't get unless they sell it, which they bought this house to retire in and aren't planning on selling it....or they declare bankruptcy....and if his business isn't getting any cash flow then what is to keep his business from folding, and then lifting any judgements on their house.

I would call it migitaging my losses.
 

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