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?
3 Answers from Attorneys
Re: Commercial Lease Agreement
No. Try to negotiate a shorter term for the personal guarantee or look for another space.
Re: Commercial Lease Agreement
Follow Mr. Rosenfeld's advice.
Re: Commercial Lease Agreement
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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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