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Buying & Selling a Business

Can I get out of my personal guarantee by paying the landlord a lump sum instead?

TSL Written by the Treadstone Law team· Updated August 2026

Possibly, but only if the landlord agrees — a guarantee doesn't come with a built-in buyout mechanism under general commercial lease practice, so any lump-sum release is a negotiated outcome, not a right you can insist on. Landlords sometimes will accept a cash payment, an enhanced security deposit from the buyer, or some other form of additional security in exchange for formally releasing a departing guarantor, especially where the buyer's own covenant is otherwise solid and the landlord has little practical reason to keep two guarantors on the hook.

Whether a landlord is willing to negotiate this way depends heavily on their own risk assessment and how much leverage you have in the broader assignment discussion — it's rarely offered proactively and usually needs to be raised directly as part of the consent negotiation.

If a clean exit from your guarantee is a priority, it's worth proposing this kind of arrangement early, before the landlord's consent is finalized, rather than trying to renegotiate afterward. A Treadstone business lawyer can help structure and document a release on terms the landlord will actually accept.

Key takeaways

  • A lump-sum buyout of a guarantee is possible but entirely dependent on landlord agreement.
  • Landlords may accept cash or extra security in place of keeping a departing guarantor on the hook.
  • This isn't a standard right — it has to be negotiated as part of the consent process.
  • Raise a proposed release early, before the landlord's consent to the assignment is finalized.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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