Real Estate Transactions

Goza and Hall P.A. is knowledgeable in all aspects of Florida real property law. Our firm takes pride in its ability to guide clients, including developers and associations, in complex interactions with the numerous administrative agencies that govern real estate use and development. Our experience encompasses:

  • Residential real estate transactions
  • Commercial real estate transactions
  • Residential and commercial leases
  • Loan closings
  • Condominium and homeowners' associations
  • Title insurance
  • Lien enforcement

Real Property: Leases and Guaranties

In many commercial leases, the landlord will require that the tenant’s owner sign a lease guaranty obligating the individual guarantor to repay all the rent due under the terms of a commercial lease if the corporate tenant defaults on the lease. A recent case has held that if a lease guaranty clearly and unambiguously covers only the initial term of the lease, extension and renewal of the lease, the guarantor will not be liable for rent owed on account of any holdover period. A landlord owned a commercial building occupied by a corporate tenant, and as part of the lease arrangements, the tenant’s owner signed a personal guaranty covering up to one year of rent for any default during the term of the lease or during any extension or renewal. The tenant did not execute any extension options, yet remained in the building after the lease expired as a holdover tenant. When the tenant stopped making rent payments, the landlord evicted the tenant and then sued the guarantor for unpaid rent for the renewal option period. The court found in favor of the guarantor concluding that the personal guaranty did not cover the unpaid rent because it would become a month-to-month tenancy during the holdover and there had been no extension or renewal of the lease. While the corporate tenant was liable for the unpaid rent for the renewal period, the guaranty was clear that the guarantor would not be liable if the rent owed was on account of any holdover period. Make sure that you have the attorney of your choice review any guaranty agreements prior to signing. If we can be of any assistance in that matter, please do not hesitate to contact us.