Legal Question in Business Law in Maryland

I am trying to negotiate a commercial space the term is for 5years and the landlord seems very adamant about a 3year personal guaranty with one year rolling guaranty. I talked to my agent and he said the rolling year only counts the days your are in business. If this is the case then i can leave after the 1st month in the 4th year and not liable for the remaining term. Doesn't seem right because why would the landlord be so adamant about a one year rolling guaranty?


Asked on 9/21/09, 3:58 pm

1 Answer from Attorneys
Randall Fisher Fisher Law Office

Without seeing the agreement and the proposed language, an exact interpretation is impossible. The language you are using makes me think that the landlord is thinking that there is a three year personal guarantee that moves forward 1 year every year of the lease, so that there is no ability to "walk away" from the lease without 3 years of exposure on a personal guarantee.

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Answered on 9/28/09, 11:39 am


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