Can a Commercial Lease Be Terminated Early? Your business is expanding and needs more space. You need less space due to downsizing. The landlord is failing to meet expectations. You're consolidating your portfolio through a merger or acquisition.
Language to Use Use clear and concise language when drafting a personal guarantee. Make sure the language is easy to understand and unambiguous. Include a statement that the guarantor will be legally responsible for the debt. Specify the period of time that the guarantee is valid.
You may be able to negotiate your own exit terms by offering the landlord a deal. There is no guarantee that it will be accepted, however, and it might be a costly process. This involves finding a new tenant to take over your lease. The landlord will want to impose restrictions and make sure of their suitability.
Your personal guarantee may be unenforceable due to circumstances outside of your contract. This may include being misled by the creditor, if a key fact was omitted from the contract, co-guarantor issues, suspicions of fraud, or if the facility provided by the bank changed significantly since you signed the guarantee.
In many cases, a business owner can file a consumer bankruptcy to discharge (wipe out) the personal guarantee. For clarity, a "consumer bankruptcy" means the business owner must file bankruptcy personally, not put the business in bankruptcy, to erase the personal guarantee.
Legal Considerations in Pennsylvania ing to the Pennsylvania Landlord-Tenant Act, while more applicable to residential leases, some aspects can influence commercial leasing practices, especially concerning security deposits and notice periods.
Can I get out of a personal guarantee? Take Out Personal Guarantee Insurance. Renegotiating The Contract Upon Which the Personal Guarantee Is Attached. Go into an Individual Voluntary Arrangement (IVA) ... Go Bankrupt.