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Commercial Tenant Qualifications. The process for retailers qualifying for a commercial lease can vary from landlord to landlord. Landlords consider several factors including tenant mix, personal credit history of the owner, company balance sheet, profit and loss statements, open credit lines, and growth projections.
Limit the amount of the guarantee. Ask for a time limit on the guarantee. Put down a large security deposit, set up in an escrow account, that the landlord can use to receive your lease payments if you can't make them for a certain number of months.
In brief — Make sure you manage the risk of providing a lease guarantee. Guarantor responsible for all tenant obligations under the lease. Offer alternative forms of security. Limit your guarantee. Understand what you are guaranteeing. Enter into a side deed with the tenant.
If the business fails and defaults on the lease, the landlord is out of luck. Which is why landlords now require personal guarantees and a complete financial check on the business owner to ensure the owner has the finances to back up the guarantee. Personal guarantees may be secured or unsecured.
A lease guaranty is a separate contract under which a third party guarantor agrees to meet the obligations of the Tenant to the Landlord. Landlords understandably want to ensure that their Tenants be they individuals or business entities have the financial wherewithal to meet the obligations set forth in the lease.
To start with, you'll need to have a business financial statement: a balance sheet and income statement. Many landlords also require a personal financial statement for all owners of the business. You may need some additional guarantees that you will be able to make the lease payments.
Depending on how granular you want to get into the details, an office lease can take anywhere from one day to a year or more to negotiate. Most commonly it will be in the three to nine month range. Below are some of the factors that can play a role in how long it takes to negotiate a lease.
Usually between 3 and 5 years in length, standard term leases are a compromise in flexibility and predictability between their short and long-term counterparts. However, unlike the narrow scope of negotiated lease terms in shorter contracts, tenants that elect standard leases at least have some perks available to them.
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