Defaulting in a Commercial Office Lease in FL

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daltoncom8

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I have defaulted in a Commercial office Lease in Florida, I had 7 months remaining in the lease and I would have paid the landlord a total of $3,549.33, I was not behind but defaulted because I was not making enough money to compensate for the office expense, and after 1 week I was contacted by an attorney representing the Landlord/Corporation, and they offered me to settle the case, but I was too quick to verbally (Over the phone) the full balance making monthly payments; $125 for 6 mos and after that $150 which will take me up to 2011 to pay. After carefully reviewing their settlement, I realized that they can rent the office in possibly 3 months or so, the office rent was for $499, so I counter to settle for $1750 with 7 monthly payments of $125 and 1 payment for $875 in July, 2010. But this response that I received from the attorney:

I am sorry but your offer is unacceptable.

"Please be advised we will be filing a lawsuit for the full amount of what is owed (which totals $3,549.33) plus pre-judgment interest since the date of default, plus my attorney fees (which to date are $1,000.00 and accumulate at $300.00 per hour). This suit will likely cost you around $7,000.00 before it comes to an end.

This is your last chance to honor the agreement of $3,549.33 at $125.00 per month for six (6) months then increased to $150.00 per month for the next 18 months. As the first payment was due 12/1, you would have to pay $250.00 by 1/1/10.

This offer prior to a lawsuit remains open until Monday December 7, 2009".

I want to know if they would have any chance to be successful if they proceed with the lawsuit, I signed the lease under an LLC with a personal guarantee, because I feel this is a way for them to collect from me and from the new tenant, would they be able to file a lawsuit now?, the following default clause was included in the contract:

Default.

(A) You will be deemed to be in default under this agreement if: (i) you default in the payment of the Monthly Fees or other sums when due hereunder, regardless of whether or not we provide written notice of such default:(ii) you default in the prompt and full performance of any other provision of this Agreement any such default continues for more than (5) business days after written notice of such default to you; (iii) there is a material adverse change in your financial condition from the date of this Agreement as determined in our sole discretion: or (iv) you are in default under any other agreement between you and us.
(B) If you are in default, we have the option to pursue any one or more of the following remedies without any additional notice:
(i) we may immediately terminate this Agreement and may enter your Office, if any and take and hold possession of the contents in the Office (and we are hereby granted a lien thereon), terminate all services provided and change any locks or access codes without releasing you, in whole or in part from any of your obligations under this Agreement. In the event of such termination, we may, at our option , declare the entire amount of the Monthly Fees that would become due and payable during the reminder of the Term, to be due and payable immediately, and you agree to promptly pay us the entire amount. Further, any of your personal property which remains in the Office or the Suite after the termination of this Agreement may, in our sole discretion, be deemed to have been abandoned by you and we may either hold possession thereof as our property or may dispose of such personal property, without any accountability or liability and at your expense.
(ii) Pursue any other remedy now or later available to us. Our exercise of any right or remedy will not prevent us from exercising any other right or remedy.

(C) You agree to pay all costs and expenses including reasonable attorney's fees, expended or incurred by us in connection with the enforcement of this Agreement, the collection of any sum hereunder, any action for declaratory relief in any way related to this Agreement or the protection or preservation of any of our rights under this Agreement.


I would appreciate your legal opinions.
 
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