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Updated almost 4 years ago on .

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15
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0
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David Williams
0
Votes |
15
Posts

Clause limiting a defaulted tenant's future rent liability.

David Williams
Posted

I'm a renter renegotiating a commercial lease for a 2nd term.  Currently it says if I default and they re-let, I am on the hook for up to 5 yr lease term for any difference in collected rent, from ANY future tenant. i.e. they could sign someone for 1 yr, then come after me again.

It's a desirable location which should be easy to re-let, and my rent is reasonable.  

Is there a common clause which would limit the defaulted tenant's future liability?  

Something to the effect of:  "once a new tenant is occupying, any difference in collected rent liability ends with the termination of the new lease".  So if they choose to allow a new tenant to do a 1 yr lease, it's their risk from that point forward.  

I don't want to propose something which sounds odd, confusing, or unconventional, as we are amicable and I wish to stay that way.  

Does this sound reasonable? Is there a better way to limit my liability in case of any unplanned life circumstance which forces my business closed? Thanks!