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A personal guaranty is not enforceable without consideration In fact, no contract is enforceable without consideration. A personal guaranty is a type of contract.
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.
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.
You Can Use These 5 Steps to Negotiate a Personal GuaranteeYou Need to Know What You're Signing. There can be a wide variance in the terms of a PG.Know Who You Are Signing With.Determine an Acceptable Level of Risk.Negotiate the PG Terms.Keep the Door Open to Future PG Negotiations.
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.