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Guarantee For Rental Agreement Template for India

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Key Requirements PROMPT example:

Guarantee For Rental Agreement

"I need a Guarantee For Rental Agreement for a commercial property in Mumbai, where a parent company will act as guarantor for its subsidiary's 5-year lease starting March 2025, with the guarantee amount capped at 24 months of rent."

Document background
The Guarantee For Rental Agreement is a crucial document in the Indian real estate market, providing additional security for landlords while facilitating rental transactions. This document becomes necessary when a landlord requires extra assurance beyond the tenant's commitments, particularly in high-value commercial leases or when dealing with tenants who have limited credit history or are new to the market. The guarantee agreement, governed by Indian contract law and property legislation, creates a legally binding commitment from a third party (guarantor) to fulfill the tenant's obligations if they default. The document typically includes specific details about the rental property, the obligations being guaranteed, the extent of the guarantor's liability, and the circumstances under which the guarantee can be enforced. It serves as a risk mitigation tool for landlords while helping tenants secure desired properties through third-party backing.
Suggested Sections

1. Parties: Identifies and defines all parties: Guarantor (Surety), Landlord (Beneficiary), and Tenant (Principal Debtor), including their full legal names and addresses

2. Background: Recitals explaining the context of the rental agreement being guaranteed and the purpose of this guarantee

3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Rental Agreement', 'Property', etc.

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope of guarantee and indemnification provisions

5. Extent of Guarantee: Specifies the monetary limits, duration, and specific obligations covered under the guarantee

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

7. Guarantor's Representations and Warranties: Statements about the guarantor's capacity, authority, and financial ability to provide the guarantee

8. Enforcement and Recovery: Procedures and conditions for enforcing the guarantee, including notice requirements

9. Preservation of Rights: Landlord's rights preservation clauses, including right to pursue tenant first

10. Costs and Expenses: Allocation of costs related to preparation, enforcement, and execution of the guarantee

11. Notices: Communication procedures and contact details for all parties

12. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for disputes

Optional Sections

1. Additional Security: Include when the guarantor provides additional security like deposits or charges over assets

2. Multiple Guarantors: Include when there are multiple guarantors, defining joint and several liability

3. Assignment and Transfer: Include when parties want to specifically allow or restrict assignment of the guarantee

4. Step-In Rights: Include when guarantor is given the right to take over the tenant's position in certain circumstances

5. Guarantee Limitations: Include when there are specific limitations on the guarantee amount or duration

6. Financial Covenants: Include when guarantor must maintain certain financial metrics throughout guarantee period

Suggested Schedules

1. Schedule 1 - Rental Agreement: Copy or key details of the underlying rental agreement being guaranteed

2. Schedule 2 - Property Details: Detailed description of the rental property including address and specifications

3. Schedule 3 - Guaranteed Obligations: Itemized list of all obligations being guaranteed, including rent amounts and other charges

4. Schedule 4 - Guarantor's Assets: Optional schedule listing relevant assets or financial information of the guarantor

5. Appendix A - Notice Forms: Template forms for various notices 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

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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Hospitality

Office Space

Industrial Property

Co-working Spaces

Student Housing

Corporate Housing

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Facilities Management

Property Operations

Contract Administration

Corporate Services

Asset Management

Lease Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Compliance Officer

Leasing Manager

Asset Manager

Facilities Manager

Real Estate Director

Corporate Housing Manager

Risk Manager

Company Secretary

Contract Administrator

Property Administrator

Tenant Relations Manager

Legal Operations 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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