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Personal Guarantee Rental Agreement Template for Malaysia

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Key Requirements PROMPT example:

Personal Guarantee Rental Agreement

"I need a Personal Guarantee Rental Agreement for a high-value residential property in Kuala Lumpur, where the tenant is a foreign student and the guarantor is a multinational corporation, with the agreement to commence from March 1, 2025."

Document background
The Personal Guarantee Rental Agreement is a crucial document in the Malaysian property rental market, designed to provide landlords with additional security for their rental property. It is commonly used when a tenant's creditworthiness or financial status requires supplementary assurance, such as in cases of student rentals, first-time tenants, or high-value property leases. The document, governed by Malaysian law including the Contracts Act 1950 and related legislation, establishes a legally binding commitment from a guarantor to fulfill the tenant's obligations if they fail to do so. This includes not only rental payments but typically extends to other lease obligations such as property maintenance and damage compensation. The agreement specifies the extent of the guarantee, duration, enforcement mechanisms, and the precise circumstances under which the guarantor's obligations are triggered, providing a comprehensive security framework for rental arrangements in Malaysia.
Suggested Sections

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

2. Background: Explains the context of the agreement, including the tenant's desire to rent the property and the landlord's requirement for a guarantee

3. Definitions: Defines key terms used throughout the agreement including Property, Rental Period, Rental Amount, Security Deposit, etc.

4. Principal Agreement Reference: References and incorporates the main tenancy agreement that this guarantee supports

5. Guarantee and Indemnity: Core section detailing the guarantor's obligations and the extent of the guarantee

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

7. Guarantor's Obligations: Lists specific obligations and responsibilities of the guarantor, including payment terms and conditions

8. Enforcement and Remedies: Details the landlord's rights and remedies if the guarantee needs to be enforced

9. Landlord's Rights and Protections: Outlines the landlord's rights in relation to the guarantee and ability to assign or transfer rights

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

11. Governing Law and Jurisdiction: Confirms Malaysian law governs the agreement and specifies jurisdiction for disputes

12. Execution: Formal signing section with space for signatures, witnesses, and dates

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: Optional cap on the guarantor's liability, if agreed between parties

3. Change of Circumstances: Addresses how changes in the tenant's or guarantor's circumstances affect the guarantee

4. Corporate Guarantor Provisions: Required when the guarantor is a company rather than an individual

5. Step-In Rights: Optional rights for guarantor to take over the tenancy in case of tenant default

6. Independent Legal Advice: Confirmation that the guarantor has received independent legal advice, recommended for high-value rentals

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the rental property including address and specific inclusions

2. Schedule 2 - Rental Terms: Details of rent amount, payment schedule, and any review mechanisms

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

4. Schedule 4 - Guarantor's Details: Full details of guarantor including employment, assets, and contact information

5. Appendix A - Main Tenancy Agreement: Copy of the principal tenancy agreement being guaranteed

6. Appendix B - Guarantor's Statement of Assets: Optional declaration of guarantor's financial position

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

Retail

Hospitality

Student Housing

Corporate Housing

Legal Services

Financial Services

Relevant Teams

Legal

Real Estate

Property Management

Contracts Administration

Risk Management

Compliance

Operations

Facilities Management

Asset Management

Tenant Relations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Property Lawyer

Leasing Manager

Asset Manager

Tenancy Administrator

Risk Manager

Contract Administrator

Housing Officer

Facilities Manager

Property Administrator

Compliance Officer

Legal Administrator

Real Estate Portfolio 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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