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Guarantor Agreement For Rental Property Template for Hong Kong

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Key Requirements PROMPT example:

Guarantor Agreement For Rental Property

"I need a Guarantor Agreement For Rental Property to be used for a corporate tenant's Hong Kong office space, where the parent company will act as guarantor, with the guarantee period starting from March 1, 2025, and including specific provisions for quarterly financial reporting by the guarantor."

Document background
The Guarantor Agreement For Rental Property is a crucial document in Hong Kong's real estate market, commonly used when landlords require additional security beyond a standard rental deposit. This agreement becomes particularly relevant in situations involving student tenants, overseas residents, or tenants with limited credit history. The document, governed by Hong Kong law, establishes a legally binding commitment from a third party (typically a parent, relative, or corporate entity) to guarantee the tenant's obligations, including rent payment, property maintenance, and other lease terms. It must comply with Hong Kong's Landlord and Tenant (Consolidation) Ordinance and contract law principles, while clearly defining the scope of guarantee, duration, and enforcement mechanisms. The agreement serves as a risk management tool for property owners while facilitating rental arrangements for tenants who might otherwise struggle to secure a lease.
Suggested Sections

1. Parties: Identifies and provides full details of all parties: the Landlord, the Tenant, and the Guarantor

2. Background: Outlines the context of the guarantee, referring to the main tenancy agreement and explaining why the guarantee is required

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Guarantee: Clearly defines what obligations of the tenant are being guaranteed and the extent of the guarantor's liability

5. Guarantor's Obligations: Details the specific obligations the guarantor is undertaking, including payment of rent, damages, and other costs

6. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and any conditions for termination

7. Landlord's Rights and Remedies: Sets out the landlord's rights to enforce the guarantee and available remedies in case of default

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

9. Independent Obligation: Establishes that the guarantee is a primary obligation independent of the tenant's obligations

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

Optional Sections

1. Joint and Several Liability: Required when there are multiple guarantors, establishing their joint and several liability

2. Limit of Liability: Optional cap on the guarantor's total liability, if agreed between parties

3. Guarantor's Right to Information: Additional rights for the guarantor to receive information about the tenant's performance

4. Assignment and Transfer: Include if parties want to address potential transfer of rights under the guarantee

5. Costs and Expenses: Detailed provisions about who bears the costs of preparing and enforcing the guarantee

6. Notice Requirements: Specific procedures for serving notices, if different from standard provisions

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the rental property covered by the guarantee

2. Schedule 2 - Tenancy Agreement: Copy or key details of the main tenancy agreement being guaranteed

3. Schedule 3 - Guaranteed Obligations: Itemized list of specific obligations being guaranteed

4. Appendix A - Guarantor's Financial Information: Financial details provided by guarantor to demonstrate capacity to fulfill guarantee

5. Appendix B - Form of Demand: Standard form for making demands under the guarantee

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






























Clauses

























Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Corporate Housing

Property Investment

Legal Services

Relevant Teams

Legal

Property Management

Real Estate

Compliance

Risk Management

Facilities Management

Housing Administration

Leasing Operations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenancy Administrator

Leasing Manager

Housing Officer

Compliance Officer

Risk Manager

Property Investment Manager

Student Housing Coordinator

Corporate Housing Manager

Facilities 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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