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Updated almost 4 years ago on .
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Clause limiting a defaulted tenant's future rent liability.
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!