回复:谢谢老猫和cybercat

来源: apt 2011-06-27 10:36:48 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1297 bytes)
回答: 谢谢老猫和cybercat笔名太难2011-06-27 10:03:47

Consult an attorney in your local for the actual state law. Generally speaking, wehther you assigned the property or sublet the property does not make a whole lot difference. Whether the landlord consent to the assignment or sublease does not make a whole lot difference. Since you personally guaranteed the lease, assuming it is in writing, you will be liable for any damages the landlord will incur. Bankruptcy will not help. Since you mentioned you have 401k, you probably will not be even liable for bankruptcy under 11 USC 522. Even if you let the corporation bankrupt and the proceeding will put an automatic stay on the lease, the landlord would be able to go to the federal court and petition to lift the stay, under 11 USC 362. Most judges will grant such lift. Then the landlord will go after you and your spouse's personal property for the damage.

Your best choice is to (1) notify the landlord immediately that the subtenant breached the lease so that the landlord can prepare to relet the property, so to minimize whatever damage you would be liable, or (2) continue paying rent and look for another tenant. Most leases will provide a mediation or arbitration clause so you may want to consider that and try to reach an agreement with the landlord for the unpaid rents.

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Personal guarantee varies -CyberCat- 给 CyberCat 发送悄悄话 (753 bytes) () 06/27/2011 postreply 10:49:07

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