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Getting out of the Guarantee Early If you did sign a personal guarantee as part of the commercial lease, your options for an early exit are fairly limited. You could ask for an amendment to the lease or renegotiate the guarantee terms. You could offer your landlord a settlement on the remaining rent debt.
7 Ways to Avoid a Personal GuaranteeBuy insurance.Raise the interest rate.Increase Reporting.Increased the Frequency of Payments.Add a Fidelity Certificate.Limit the Guarantee Time Period.Use Other Collateral.
You will need to give written notice to your landlord of the intention to end the lease early, but if terms have been broken or you have missed a payment, the landlord may have the right to refuse you an early exit. You may be able to negotiate your own exit terms by offering the landlord a deal.
It is usually the directors of the company that are asked to personally guarantee the lease. As a director this means that you are personally liable for the rent if the company can't pay and the landlord can pursue through the courts and could even make you bankrupt.
A personal guaranty is not enforceable without consideration In fact, no contract is enforceable without consideration. A personal guaranty is a type of contract.