Legal Question in Business Law in Florida

Commercial Lease Agreement

I am a business owner about to sign a five year commercial lease. Even though I am incorporated, the lessor wants me to be personal Guarantor for the lease. Is there any protection for the lessee (me) in the event of a disasterous retail year or some other unforeseeable event that will make me more comfortable signing a 5 year commitment?


Asked on 3/02/04, 2:43 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Commercial Lease Agreement

No. Try to negotiate a shorter term for the personal guarantee or look for another space.

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Answered on 3/02/04, 3:32 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Commercial Lease Agreement

Follow Mr. Rosenfeld's advice.

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Answered on 3/02/04, 5:04 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Commercial Lease Agreement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

Not really. The negotiation of a commercial lease is a very serious matter. You will be spending many thousands of dollars yet it sounds as if you have not consulted with a real estate attorney. That can be a very serious mistake.

A qualified real estate attorney can probably negotiate better terms for the lease even without changing the rent. It is very possible that the guarantee period can be shortened or eliminated altogether based on your company's financial statement and/or the investment you make in refurbishing the property.

I strongly suggest that you obtain legal counsel to work with you on this transaction.

Scott R. Jay, Esq., 305-249-8000

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Answered on 3/03/04, 12:47 am


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