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Guarantor Lease Agreement Template for Canada

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Key Requirements PROMPT example:

Guarantor Lease Agreement

"I need a Guarantor Lease Agreement for a commercial property in Ontario, with two corporate guarantors jointly guaranteeing a 5-year lease starting March 1, 2025, with guarantee obligations capped at CAD 500,000."

Document background
The Guarantor Lease Agreement is a crucial document in Canadian residential and commercial leasing arrangements where additional financial security is required beyond the tenant's own covenant. This type of agreement is commonly used in situations involving student rentals, first-time renters, small business tenants, or when a tenant's credit history or financial status doesn't meet the landlord's requirements. The document establishes a legally binding commitment from a third party (the guarantor) to assume responsibility for the tenant's obligations under the lease if the tenant fails to perform them. The agreement must comply with provincial residential tenancy laws, contract law principles, and relevant consumer protection legislation. It typically includes comprehensive details about the scope of the guarantee, enforcement procedures, and the specific obligations being guaranteed.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of all parties: Landlord, Tenant, and Guarantor

2. Background: Explains the context of the agreement, including reference to the main lease agreement and the need for a guarantor

3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Lease Agreement', and 'Term'

4. Guarantee: Sets out the core guarantee provisions, including the scope of the guarantee and the guarantor's obligations

5. Guarantor's Representations and Warranties: Statements by the guarantor about their capacity and authority to provide the guarantee

6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination

7. Nature of Guarantee: Establishes whether the guarantee is continuing, irrevocable, and/or unconditional

8. Enforcement: Describes the circumstances under which the guarantee can be enforced and the process for doing so

9. Payments: Details how and when payments must be made by the guarantor when the guarantee is called upon

10. Landlord's Rights: Outlines the landlord's rights in relation to both the tenant and guarantor

11. Notices: Specifies how formal communications between parties should be made and delivered

12. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province

13. Execution: Signature blocks for all parties and witness requirements

Optional Sections

1. Joint and Several Liability: Required when there are multiple guarantors, establishing that each is fully responsible for the guaranteed obligations

2. Guarantee Limit: Used when the guarantee is capped at a specific amount rather than covering all obligations

3. Guarantor Financial Statements: Required when periodic financial disclosure from the guarantor is needed

4. Assignment and Transfer: Needed when the agreement allows for assignment of the guarantee or the underlying lease

5. Guarantee Release Conditions: Included when specific conditions for releasing the guarantor are agreed upon

6. Digital Execution: Required when the agreement may be signed electronically

Suggested Schedules

1. Schedule A - Primary Lease Agreement: Copy of the main lease agreement being guaranteed

2. Schedule B - Guarantor Financial Information: Financial details provided by the guarantor to support their capacity to guarantee

3. Schedule C - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee

4. Appendix 1 - Guarantee Enforcement Procedure: Step-by-step process for enforcing the guarantee

5. Appendix 2 - Notice Requirements: Detailed requirements for various types of notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Real Estate

Student Housing

Legal Services

Property Development

Asset Management

Building Management

Financial Services

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Risk Management

Compliance

Asset Management

Operations

Administrative Services

Tenant Relations

Relevant Roles

Property Manager

Leasing Manager

Real Estate Attorney

Legal Counsel

Tenant Relations Manager

Asset Manager

Property Administrator

Lease Administrator

Risk Manager

Compliance Officer

Real Estate Agent

Building Manager

Housing Coordinator

Student Housing Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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