Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

Rivkin Radler LLP
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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if there is a default under the lease. In this way, landlords mitigate financial losses. A personal guaranty gives the landlord the ability to recover any losses from the personal guarantor if the commercial lessee breaches its lease agreement by failing to pay rent.

Originally published in FALL 2024 USLAW MAGAZINE.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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