Commercial Lease Negotiation Checklist: 15 Points to Negotiate Before You Sign
A practical 15-point checklist covering every major negotiation lever in a commercial lease — from base rent and TI to CAM caps, renewal options, and exit rights.
A Good Guy Guarantee is a modified personal guarantee that limits the guarantor's liability to the period during which the tenant is actually in possession of the premises. If the tenant provides proper advance notice (typically 3–6 months), vacates the space, and leaves it in good condition, the guarantor's liability terminates on the date of vacation — even if the full lease term has not expired. The "good guy" concept rewards tenants who act responsibly upon exit.
By Angel Campa, Founder · Updated March 2026
Good Guy Guarantees are far less onerous than unconditional personal guarantees because they give the guarantor a defined exit from personal liability. Rather than facing unlimited exposure for the remaining lease term upon business failure, a guarantor under a Good Guy structure faces liability only for the notice period after the business decision to exit is made. This structure is standard in New York City commercial real estate and is increasingly common nationally for small and mid-size retail and restaurant leases.
Negotiate the shortest possible notice period — 2–3 months is achievable in most markets, rather than the 6 months landlords initially seek. Ensure the vacation condition requires only broom-clean condition and surrender of keys, not costly restoration obligations that could delay vacation and extend guarantor liability. Include a carve-out confirming that any rent accrued through the vacation date (but not beyond) is the only surviving obligation. Negotiate automatic release of the guarantee upon assignment to a creditworthy successor, eliminating the need for a formal guarantee release.
Standard Good Guy with 3-month notice, extended Good Guy with 6-month notice period, Good Guy limited to base rent only (excluding CAM and other charges), and Good Guy with automatic termination after a defined operating period.
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A Good Guy Guarantee limits the guarantor's liability to the period during which the tenant is actually in possession of the premises. If the tenant provides proper advance notice (typically 3 to 6 months), vacates the space in broom-clean condition, and surrenders the keys, the guarantor's liability terminates on the vacation date — even if the full lease term has not expired. A standard personal guarantee makes the guarantor liable for all rent through the end of the lease term regardless of whether the tenant vacates.
Negotiate the shortest possible notice period — 2 to 3 months is achievable in most markets rather than the 6 months landlords initially seek. Ensure the vacation condition requires only broom-clean condition and surrender of keys, not costly restoration work that could delay vacation and extend liability. Include a carve-out confirming that rent accrued through the vacation date is the only surviving obligation — the guarantor owes nothing beyond that date. Negotiate automatic release upon assignment to a creditworthy successor.
On a 10-year lease at $15,000 per month ($1.8 million total obligation), a standard unconditional guarantee exposes the guarantor to the full $1.8 million if the business fails in year one. A Good Guy Guarantee with a 3-month notice period limits exposure to approximately $45,000 (3 months' rent) plus any rent accrued before the vacation notice — a 97.5% reduction in maximum personal liability. This structure is standard in New York City commercial real estate and is increasingly common nationally for small and mid-size retail and restaurant leases.
A practical 15-point checklist covering every major negotiation lever in a commercial lease — from base rent and TI to CAM caps, renewal options, and exit rights.
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