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Personal guarantees in commercial leases: limiting your exposure

How a capped ‘good guy’ guarantee protects your personal assets.

Eleanor Vance

Eleanor Vance

Founding Partner · Real Estate

Published

Reading time

6 min read

Personal guarantees in commercial leases: limiting your exposure

A personal guarantee can outlast the business that signed the lease.

A full personal guarantee makes your home answerable for every dollar of rent for the whole term. It rarely needs to.

The good guy guarantee

Liability ends once you give notice, pay through the date you leave and return the space in good condition.

Cap it

Tie the guarantee to a fixed number of months of rent.

Let it burn off

After a period of timely payment, the guarantee should fall away.

Commercial leases

Real Estate

New York

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Eleanor Vance

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Eleanor Vance

The lawyer you meet is the lawyer who does the work. That has not changed since our first client.

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eleanor.vance@gravislaw.com

Legal disclaimer

This article is for general information and is not legal advice. Reading it does not create an attorney–client relationship. Lease terms and market practice change, so speak with a lawyer about your own circumstances before you sign. Prior results do not guarantee a similar outcome.

Eleanor Vance

Eleanor Vance

Founding Partner · Real Estate

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