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If you're a tenant and your business fails, but you vacate your space and pay rent through the date you vacate, you're a "good guy." A good guy clause limits the liability of the personal guarantor for a tenant when a lease is terminated early.
In case of the failure of the Issuer or any successor thereto punctually to pay any such Guarantee Payments, as and to the extent applicable, the Guarantor hereby agrees to cause any such payment to be made punctually when and as the same shall become due and payable, as if such payment were made by the Issuer.
A guarantor is a person who will co-sign an apartment lease alongside a tenant, guaranteeing to pay the rent if the tenant fails to do so. The guarantor is usually a parent, family member, or close friend who is willing to be legally responsible for the rental apartment.
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.
For example, the original tenant might have put holes in the wall to make a new passageway or undertaken other major work on the property. At the end of the lease, the new tenant must fix those issues and return the property to the condition that it was in at the start of the lease.