BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M

A “Good Guy” guaranty is a common provision in commercial leases, particularly in New York City (NYC). It is a type of personal guaranty that provides certain protections to both landlords and tenants in the context of commercial lease agreements. Here’s an overview of “Good Guy” guaranty clauses in NYC commercial leases:

 

  1. Purpose of “Good Guy” Guaranty:

The primary purpose of a “Good Guy” guaranty is to mitigate potential risks for both landlords and tenants in the event of a tenant’s default or early termination of the lease. It is designed to encourage a tenant to vacate the premises in a responsible manner and to protect the landlord from incurring additional costs associated with eviction.

 

  1. Key Elements of the “Good Guy” Guaranty:

A typical “Good Guy” guaranty clause includes the following key elements:

 

The guarantor (usually an individual or an entity) guarantees the tenant’s performance of lease obligations.

The guaranty is limited to the period of time the tenant actually occupies the premises.

The guarantor will be released from further liability if the tenant surrenders the premises in good condition and pays all outstanding rent up to the date of surrender.

  1. Surrender of Premises:

The “Good Guy” guaranty is often triggered when the tenant surrenders the premises and provides vacant possession to the landlord. If the tenant surrenders the premises and fulfills its obligations under the lease, the guarantor is released from further liability.

 

  1. Limitation on Liability:

Unlike a traditional guaranty that may hold the guarantor liable for the full extent of the lease obligations, the “Good Guy” guaranty limits the guarantor’s liability to unpaid rent and damages up to the date of the tenant’s surrender.

 

  1. Benefit for Tenants:

The “Good Guy” guaranty can benefit tenants by allowing them to avoid extended liability beyond their actual occupancy period. It also incentivizes tenants to exit the premises responsibly to avoid legal action or credit damage.

 

  1. Benefit for Landlords:

Landlords benefit from the “Good Guy” guaranty because it encourages tenants to fulfill their lease obligations, vacate the premises without causing excessive damage, and minimize the risk of eviction-related expenses.

 

  1. Negotiating Terms:

The terms of the “Good Guy” guaranty can be negotiated between the parties. This includes the specific conditions under which the guarantor will be released from further liability and any potential exceptions or carve-outs.

 

  1. Legal Review:

Both landlords and tenants should consult legal professionals experienced in commercial real estate law to ensure that the “Good Guy” guaranty clause is drafted accurately and fairly represents their interests.

 

  1. Local Jurisdiction:

While “Good Guy” guaranties are common in NYC, the specific legal requirements and enforceability may vary based on local laws and regulations.

 

“Good Guy” guaranties are a strategic tool that landlords and tenants can use to balance their respective interests in commercial lease agreements. When including such a clause in a commercial lease, it’s crucial to work with legal professionals to ensure that the terms are clear, enforceable, and aligned with the parties’ intentions.

 

Citations, References and Potentially Useful Resources for Further Information:

U.S. Constitution

New York State Constitution

Federal Securities Regulation

New York State Martin Act

New York Condominium Act

New York State Security Regulations

New York Business Corporation Law

New York Limited Liability Company Law

New York Uniform Partnership Act

Federal Internal Revenue Code

New York State Tax Laws, Rules & Regulations

New York City Tax Laws, Rules & Regulations

Winston Churchill Owners, Inc. v. Regents Real Estate Associates

Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.

Park Sutton Condominium v. 447 E. 57th St. LLC

28 E. 10th Street Corp. v. Veras

Riverside Syndicate, Inc. v. Munroe

Essex House Condominium v. Marks

The Parc Vendome Condominium v. Atkinson

54-56 Meserole Street Owners Corp. v. Rossi

The Beekman Regent Condominium v. Bottiglieri

Chelsea 19th LLC v. West 19th Street Realty LLC

ACRIS

New York Department of Finance

New York City Department of Buildings

New York City Bar Association

New York State  Bar Association

Call 212 922 0005. Kiritsis Law Group.

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For a free, brief initial phone consultation with an attorney, call us today at 212 922 0005.

 

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