Legal Question in Business Law in New York

I am buying a business in Upstate NY. I have to meet with the landlord to negotiate the lease. I want to avoid giving personal guarantee to the landlord. How can avoid it?


Asked on 11/10/09, 8:29 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You may be able to negotiate a "good guy guarantee". Essentially, you personally guarantee rent only while the company has possession of the premises. When the company tenders possession of the premises back to the landlord, you would no longer guaranty the rent.

Mike.

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Answered on 11/17/09, 8:57 am
Steven Czik CZIK LAW PLLC

Mr. Markowitz is correct, a Good Guy clause is often negotiated so that the tenant does not bare the full burden of a personla guranty. However, it often takes an attorney's experience and negotiation skills to achieve such a result. It is also very likely that there are other points and clauses within the lease that may be amended and negotiated in your favor. We have substantial experience handling with these matters, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 11/17/09, 12:28 pm
Nancy Delain Delain Law Office, PLLC

I recognize your zip code. Attorneys in Schenectady and its environs handle this type of matter. I am not one who handles transactions in real property, but I would be happy to refer you to several who handle real property transactions in your own back yard, so to speak.

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Answered on 11/17/09, 2:32 pm


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