Kozonis v. Tamburello

Illinois Appellate Court
Civil Court
Guaranty
Citation
Case Number: 
2016 IL App (1st) 160202
Decision Date: 
Monday, December 19, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Lessor rented space to lessee for 2 years. By a separate written guaranty, Defendant, lessee's president, personally guarantied its obligations under lease. The personal guaranty did not remain in effect with respect to "lease extension" of 5 years later, which was a new agreement between parties, or the month-to-month holdover that followed it. As guaranty was not a part of "lease extension" it could not obligate lessee's president for any missed rent payments under it or any holdover period following it. Any extension of lease to which guaranty is attached must be specifically contemplated by that lease.  (HARRIS and SIMON, concurring.)