Commercial Lease Advisory

09/04/2023

05/22/2023

When is a garage not a garage? When it’s a sign!

05/19/2023

Portal

05/08/2023

Does your lease cover facade and signage rights?

04/06/2023

A personal guarantee is a legal contract in which one person agrees to be responsible for the debts or obligations of another person. If you are a landlord, you may require someone to guarantee both payment and performance of a lease agreement. For example, you may require a tenant to guarantee payment of rent, and you may also require them or another party to guarantee that they will perform their obligations under the lease, such as maintaining the property in good condition or not disturbing other tenants.

If you bifurcate the obligations of payment and performance in your personal guarantee, you are making them explicitly separate. This means that if the tenant fails to meet one of their obligations, you can only enforce the other obligation. For example, if the tenant fails to pay rent, you can only enforce the performance obligation, and vice versa.

Bifurcating the obligations of payment and performance in your personal guarantee can be beneficial for several reasons. First, it can make it easier to enforce the guarantee if the tenant fails to meet one of their obligations. Second, it can help to protect you from liability if the tenant fails to meet both of their obligations. Third, it can make it easier to negotiate a settlement with the tenant if they fail to meet one of their obligations.

If you are a landlord, you should carefully consider whether to bifurcate the obligations of payment and performance in your next personal guarantee. If you do decide to bifurcate the obligations, you should make sure that the wording of the guarantee is clear and unambiguous.

03/30/2023

Commercial subleases and the roles of landlord, tenant, and subtenant can be extremely complicated. Luckily, we can help both side analyze the implications of the various roles.

03/19/2023

Got a chance to visit .grocer on Bleecker Street this week. This space has been challenged for a while, hope to see a long term tenant. Between landlord and tenant, it’s important to decide between a License Agreement and a Commercial Lease. We can help.

03/08/2023

Demolition

02/22/2023

Amazing signage, or decoration? Found in Encinitas, PCH

02/10/2023

Enjoyed this commercial wrap from coming soon!