QUESTION
How to get out of a comerical lease personal guarantee?
Asked on Aug 22nd, 2013 on Landlord and Tenant Law - New York
More details to this question:
I signed a 5 year lease and had my attorney review the lease. She wanted to remove the personal guarantee clause. The landlord emailed me back and said he would make all the changes that I requested. He made all the changes on the lease except removing the personal guarantee clause. I signed it and now he says any prior communication is null and voided. How could all the changes be made except that one? What are my options? I feel that if I have an email saying he would make all the changes that I requested and he didn't seems like he purposely left it in. In addition, the certificate of occupancy doesn't state I can operate an adult day care center and I can only have maximum of 14 people. The landlord said I can fit 50 people. Therefore, how can I run the day care center in this space?
1 ANSWER
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Getting out of a commercial lease guarantee is very difficult, especially where one has a lawyer during the lease negotiation. However, if you legally cannot operate the facility because of the certificate of occupancy and an unhelpful limit, assuming that you did not assume the obligation to make legal your proposed use of the space, then you may be able to terminate the lease. However, you will likely have to bring suit to do this. I suggest you quickly consult with and retain counsel for this purpose.
Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer
www.upperwestsidelawyer.com
Answered on Aug 26th, 2013 at 4:22 PM