Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable
i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they will get back to me , and i should not be worried , till 2 days they did not contact me , and as of June they did not send me any bills i was closed from 03.18 till 06.15 , i called the managing agent and told him whats going on , since i cannot pay the rent , what they want to do since i cannot pay the past due rent , if they want me to stay on leave , he got back to me stating they dont know and i should wait few more months to see what happen , now the issue is there is a law that protect me from march till end of September , what will happen if i stay beyond ? will i be personally liable liable from that point all for all the period , i have a basic good guy , i didn't pay from march
A: It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is that there will be a VERY strong push for cases like yours to settle.
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