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Rent Guarantee Agreement
"I need a Rent Guarantee Agreement for a commercial property in Lagos, Nigeria, where a parent company will act as guarantor for its subsidiary's 5-year lease starting March 2025, with specific provisions for step-in rights if the subsidiary defaults."
1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor including names, addresses, and any registration details for corporate entities
2. Background: Sets out the context of the agreement, referring to the underlying tenancy agreement and the need for a guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Property', 'Rental Period', and 'Tenancy Agreement'
4. Guarantee and Indemnity: Core section detailing the guarantor's obligations, scope of guarantee, and indemnification provisions
5. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and any conditions for extension or termination
6. Guarantor's Obligations: Detailed list of specific obligations the guarantor is undertaking, including payment of rent, damages, and other liabilities
7. Landlord's Rights and Remedies: Sets out the landlord's rights to enforce the guarantee and available remedies in case of default
8. Payment Terms: Specifies how and when the guarantor must make payments when the guarantee is called upon
9. Limitations of Liability: Any caps or limitations on the guarantor's liability under the agreement
10. Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and ability to provide the guarantee
11. Notices: Requirements for how formal notices under the agreement must be given and when they are deemed received
12. Governing Law and Jurisdiction: Specifies that Nigerian law governs the agreement and establishes jurisdiction for dispute resolution
1. Step-In Rights: Optional section giving the guarantor rights to take over the tenancy in certain circumstances - typically included for commercial property guarantees
2. Assignment and Transfer: Include when either party might need to transfer their rights or obligations under the guarantee
3. Force Majeure: Optional clause dealing with unforeseen circumstances - particularly relevant post-COVID
4. Alternative Dispute Resolution: Optional section specifying mediation or arbitration procedures before court action
5. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
6. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company rather than an individual
1. Schedule 1 - The Property: Detailed description of the rental property including address and any relevant land registry details
2. Schedule 2 - The Tenancy Agreement: Copy or key details of the underlying tenancy agreement being guaranteed
3. Schedule 3 - Guaranteed Sum: Specific financial details of the guarantee including maximum liability amounts
4. Schedule 4 - Guarantor's Supporting Documents: List of documents provided by guarantor to demonstrate financial capacity (bank statements, proof of income etc)
5. Appendix A - Form of Demand: Template for the landlord to make a formal demand under the guarantee
6. Appendix B - Guarantor's Statement of Assets: Declaration of the guarantor's assets and financial position at the time of entering the agreement
Authors
Real Estate
Property Management
Residential Housing
Commercial Property
Student Housing
Corporate Housing
Property Development
Banking and Financial Services
Property Investment
Legal
Property Management
Real Estate
Risk Management
Corporate Housing
Facilities Management
Tenant Relations
Asset Management
Compliance
Operations
Property Manager
Real Estate Agent
Legal Counsel
Property Lawyer
Tenancy Administrator
Asset Manager
Facilities Manager
Leasing Manager
Risk Manager
Corporate Housing Manager
Tenant Relations Manager
Housing Officer
Property Portfolio Manager
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