News & Analysis as of

Guarantors Commercial Property Owners

Nutter McClennen & Fish LLP

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease...more

Holland & Knight LLP

Types of Guarantees in Commercial Leases

Holland & Knight LLP on

Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor)...more

Holland & Knight LLP

NYC's Guaranty Law Violated the Contracts Clause of the U.S. Constitution

Holland & Knight LLP on

Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults...more

Cole Schotz

Personal Guarantors Back on the Hook as New York City’s “Guaranty Law” is Ruled Unconstitutional

Cole Schotz on

The saga continues now that a federal district court judge has ruled that N.Y.C. Local L. No. 55 of 2020 (also known as the Guaranty Law) is unconstitutional. The Guaranty Law, which sought to provide immediate monetary...more

Holland & Knight LLP

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Holland & Knight LLP on

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more

Shutts & Bowen LLP

Pre-Bankruptcy Considerations for Commercial Landlords

Shutts & Bowen LLP on

The following is the first in what will be a series of posts addressed to commercial landlords regarding bankruptcy. As many landlords are learning, unexpected circumstances can cause a good tenant to become a...more

Snell & Wilmer

Guarantors Remain Liable for “Carve-out” Obligations, Despite Non-recourse Loan

Snell & Wilmer on

Believe it or not, guaranty contracts mean what they say. If a guarantor agrees to reimburse a lender for misappropriated security deposits, unpaid taxes, and the cost of enforcement, then – not surprisingly – courts will...more

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