I signed a Ma. commercial lease in 2004 with a out of state, NY, landlord. I signed a limited guarantee with the original owner.

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In 2007 the property was sold to an Ma. landlord who assumed the lease as was without any further written modifications. The limited guarantee specifies that the guarantee shall be held in accordance to the laws of NY. Is this limited guarantee void now that both the buisness and landlord are Ma. based? The new owner has charged excessively for utilities that are not in accordance with the lease- our business is established as an LLC. Can he come after me personally if I dont pay what he claims I owe him? The lease said we were to pay 33% of heat and he has been charging us 73%.

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Erik Hammarlund ·
In addition to the above answer: Leases (particularly commercial leases) vary widely, are enforceable across a wide range, and are thus best treated individually. The concept of "standard clauses" doesn't really apply: though there are some things which are more common, attorneys routinely put in custom clauses as desired by the parties. It's made even more complex by the fact that you signed a lease presumably governed under NY law. Do you know NY law? Did you understand the implications of that when you signed it? Did you have an attorney at the time? It's not really possible to provide good guidance on a commercial lease issue until we have actually read the lease. You should contact an attorney immediately. If you don't understand your lease terms you run the risk of accidental violations or waivers.
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Jonas Jacobson ·
I worked for a firm pursuing defaulted commercial lessees on behalf of commercial lessors for a while. Your question has many parts. First, you want to know whether the new landlord can pursue you personally on the lease, I would tend to suppose it could. However, that depends upon the lease. In Massachusetts, a commercial lease, as opposed to a residential lease, is governed by its terms - there are very few built in protections for commercial lessees like their are for residential lessees. Secondly, you reference extremely high utility bills. Depending upon the bills, and what has been charged (and the lease!) you could have a sizeable enough counterclaim against the landlord. Were I in your shoes, I would promptly hire a lawyer to begin negotiations with the landlord. Hiring a lawyer lets the landlord know you are serious about pursuing it for the bills, and that there may be costs associated with pursuing you.
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