Orange California Conditional Limitation of Tenant Liability Good Guy Provision

State:
Multi-State
County:
Orange
Control #:
US-OL14035
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Description

This office lease provision lists the conditions under which the landlord shall accept surrender and the lease shall be deemed terminated.


Orange California Conditional Limitation of Tenant Liability Good Guy Provision is a specific leasing provision that provides protection to commercial tenants, particularly in the state of California. This provision aims to offer tenants limited liability and additional rights for early termination of their lease agreement under certain circumstances. Here is a detailed description of this provision and its various types: 1. Orange California Conditional Limitation of Tenant Liability Good Guy Provision: This provision is primarily applicable to commercial leases in Orange County, California. It grants certain tenant rights and limitations on liability, primarily concerning early termination of the lease. 2. Limited Liability: The provision aims to limit the liability of the tenant in case they choose to terminate the lease earlier than the agreed-upon term. By complying with specific criteria, tenants can protect themselves from substantial monetary penalties, damages, or remaining rent owed. 3. Early Termination: Under this provision, tenants may terminate the lease prior to the agreed-upon end date by providing proper notice to the landlord and fulfilling specific conditions. This may be due to unforeseen circumstances, such as financial hardships, business closure, or other valid reasons. 4. Good Guy Guarantee: In most cases, the Good Guy Provision requires the tenant to provide a personal guarantee, often referred to as a "Good Guy Guarantee." This guarantee ensures that the tenant remains personally liable for rental obligations until the effective date of lease termination. 5. Conditions for Exiting the Lease: To benefit from the Conditional Limitation of Tenant Liability Good Guy Provision, tenants must adhere to specific conditions, typically including giving advance notice of termination (often 90 days), returning the premises in good condition, and fulfilling all payment obligations. 6. Relief from Liability: By fulfilling the requirements of the Good Guy Provision, tenants may release themselves from further obligations and financial liabilities once the lease termination takes effect. The tenant may not be held liable for any remaining rent or penalties beyond the effective termination date. 7. Legal Expertise: Given the complex nature of the Orange California Conditional Limitation of Tenant Liability Good Guy Provision, it is highly advisable for commercial tenants to seek legal counsel and assistance during lease negotiation, drafting, and termination processes. In summary, the Orange California Conditional Limitation of Tenant Liability Good Guy Provision offers tenants in Orange County enhanced rights and limited liability when terminating a commercial lease early. By complying with the specific requirements and conditions, tenants can protect themselves from potential financial hardships and legal entanglements.

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FAQ

Good guy guarantees in lease agreements are personal guarantees that are limited. That is if you personally guarantee the lease for your business location then your guarantee will be typically limited to past due rent or a set amount but not for the rent due throughout the entire term of your business lease.

This way, if the company goes bankrupt, the tenant still has an incentive to vacate the space, but is not responsible for the remainder of the lease if they cooperate and be a good guy. For example, if Company X stops paying rent June 1 and Company X leaves June 1, the good guy is completely off the hook.

Anyone who's looked at a business rental agreement in New York City has heard of the good guy guarantee. The guarantee is part of the rental agreement that allows a tenant to be released from a rental agreement early if they vacate the space and leave it in a favorable condition.

While a 'good guy' guarantee is a type of personal guarantee, it only goes into effect under certain conditions and has a specific purpose, that of ensuring a tenant that is in default vacates the premises.

While a 'good guy' guarantee is a type of personal guarantee, it only goes into effect under certain conditions and has a specific purpose, that of ensuring a tenant that is in default vacates the premises.

More info

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Orange California Conditional Limitation of Tenant Liability Good Guy Provision