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Well, if you vacate a space before your lease is up with a personal guarantee, you will still owe rent for the duration of your original lease. On the other hand, with a good guy guarantee, your payments end once you depart.
How to get out of a personal guarantee on a commercial lease Subleasing the space to another tenant. ... Assigning the lease to another party. ... Use a break clause. ... Renegotiate the lease contract. ... Have a personal guarantee insurance. ... Breaking the lease.
What is the difference between a Good Guy Guaranty and a Personal Guaranty? A Personal Guaranty is a guarantee of term, meaning that it remains in effect for the full duration of the lease. A Good Guy Guaranty is a guarantee of payment and only applies while the tenant occupies the space.
If the bank will not release the personal guarantee, alternatives are to pay off or refinance the business loan. Paying off the business loan is the easiest way to be released from a personal guarantee. If the business finances are sound and there is a good deal of cash on the books, it may make sense to do so.
The undersigned hereby covenants and agrees that if there shall occur any default by Tenant in the payment of fixed rent or additional rent or any other charges set forth in the Lease, or if Tenant shall default in the performance of any of the covenants, terms, conditions and agreements contained in the Lease then the ...