Guarantor Obligations in Florida Leases
A Florida lease guarantor is personally liable for the tenant's obligations, including rent, additional charges, default damages, and attorney fees. The scope depends on whether the guarantee is full, limited, or conditional.
Typical Obligations
- Rent payment upon tenant default
- Additional charges (CAM, taxes, insurance)
- Default damages (holdover, early termination)
- Landlord's enforcement attorney fees
- Personal covenants (minimum net worth)
Limiting Liability
- Dollar cap: Up to 12 months' rent
- Time limit: First 3-5 years only
- "Good guy": Ends when tenant surrenders premises
- Burn-off: Reduces over time with payment history
- Net worth trigger: Ends at tenant financial threshold
Assignment
Guarantor remains liable after assignment unless expressly released. Landlord consent doesn't auto-release. Material modifications without consent may release.
Related Terms
- Contract — Lease guarantee provisions
- Estate for Years — Leasehold obligations
- Equity — Personal liability exposure
Barnes Walker Commercial Leasing
Barnes Walker's attorneys negotiate lease guarantor provisions for Florida landlords and tenants. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC