Pitt Street Ventures, LLC v. Maple Street Fitness, LLC and Kurt Weiser

Summary

The Louisiana Fourth Circuit Court of Appeal affirmed a trial court judgment holding Kurt Weiser personally liable as a guarantor for rent and late fees owed under a commercial lease. The court concluded that successive lease amendments did not novate or extinguish the original personal guaranty, and that Weiser had not terminated the guaranty by notice. Maple Street Fitness, LLC and Weiser were cast in judgment for $38,817.85 in past-due rent and $1,940.89 in late fees.

Holdings

1. The third amendment did not constitute a novation because it did not extinguish the lease's principal obligation to pay rent and instead confirmed that the original lease continued as a binding obligation of the parties and their successors and assigns.
2. Weiser remained personally bound in solido with Maple Street Fitness for the punctual payment of rent because the original written guaranty and the second amendment expressly established and confirmed his guaranty, and no evidence showed that he terminated it.

Questions Presented

1. Whether the third amendment to the lease extinguished or novated Kurt Weiser's written personal guaranty because it did not contain a new guaranty provision.
2. Whether the trial court legally erred in finding that Weiser personally guaranteed Maple Street's unpaid rent and late fees.

Disposition

affirmed