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As a condition to entering into a new lease, landlords often require a guaranty of lease from a personal or corporate guarantor in connection with those tenant entities that do not have either a high enough net worth or annual revenue, or for whatever other reasons do not meet the landlord’s financial criteria. A guaranty of lease is a covenant by the guarantor to be responsible for the obligations of the tenant. For example, for a tenant business set up as a new limited liability company that has one or two principal owners, the landlord will likely require that the owners personally guaranty the tenant’s obligations under the lease because the limited liability company would have little or no assets and no track record. Or for a tenant entity that is a wholly owned subsidiary of a parent corporation, the landlord will likely require that the parent corporation serve as the guarantor. In these examples, a selective landlord would not enter into the lease without the tenant offering a creditworthy guarantor.
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Options for Commercial Property Owners With Distressed Assets
By William (Bill) Lobel
Cyclical challenges in the economy are nothing new, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
Effects of Inflation on Commercial Real Estate
By Steven J. Reed
While growth of the job market and the economy are the most important factors affecting commercial real estate, the emergence of historic rising inflation has its effects as well.
New Workplace Strategies for Commercial Real Estate Companies
By Kelsi Borland
Almost every company is rethinking workplace strategy in the wake of the pandemic — and commercial real estate companies, which are office users in their…
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
By Stewart E. Sterk
In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller’s liability for a commission after expiration of the brokerage agreement.