This form is for the lease of commercial property. The lessor and lessee will indemnify and save harmless the other from any and all losses, fines, suits, damages, expenses, claims, demands and actions of any kind resulting from their negligence, breach, or violation or non-performance of any condition of the contract.
Commercial Lease Agreement Application With Personal Guarantee In Travis
Category:
State:
Multi-State
County:
Travis
Control #:
US-00449
Format:
Word;
Rich Text
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FAQ
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.
Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor) that is typically related to the tenant.
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.
Business landlords generally request a personal guarantee from directors because of the extended nature of a commercial lease. Their wish to protect themselves from a tenant's insolvency is understandable, particularly when repayments are made over a period of years rather than months.
Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor) that is typically related to the tenant.
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.
It is important to limit the amount of time that the personal guarantee is effective. This will inform you of a definite date where you will no longer be personally liable for the obligations of the company. For example, if the lease is for a five-year period, try to limit the personal guarantee to the first two years.
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.
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.