A personal guarantee in a Texas commercial lease is usually enforceable once the tenant LLC defaults—if the guarantee is properly signed and the landlord can prove damages. Texas landlords commonly pursue the guarantor for unpaid rent, accelerated rent (if allowed), operating expenses, and certain enforcement costs. This article explains the steps, evidence, notices, defenses, and […]
In New York, you can often respond to a UCC Article 9 default notice without triggering acceleration by keeping your communication “without prejudice,” requesting payoff and cure figures, and avoiding any written admission that the full debt is immediately due. Article 9 governs secured creditor remedies after default, but the loan documents control acceleration and
In California, a promissory note for a private business loan should clearly state the principal, interest method, payment schedule, and enforceable default remedies. Even a “simple” note can trigger California usury limits, late-charge restrictions, and commercial reasonableness requirements if collateral is involved. This article explains how to draft interest, late-fee, and default clauses that fit
