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Personal Guarantee Lease Agreement

Personal Guarantee Lease Agreement Template for Australia

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Key Requirements PROMPT example:

Personal Guarantee Lease Agreement

"I need a Personal Guarantee Lease Agreement for a retail shop space in Melbourne CBD, where the tenant is a newly established company and two company directors will act as personal guarantors, with the lease commencing March 1, 2025."

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Document background
The Personal Guarantee Lease Agreement is a specialized legal document used in Australian property transactions where additional security is required beyond a standard lease agreement. This document is particularly relevant when leasing property to corporate entities or businesses where the landlord seeks personal assurance from directors, shareholders, or other individuals associated with the tenant company. The agreement combines comprehensive lease provisions with detailed personal guarantee clauses, ensuring that specified individuals are personally liable for the tenant's obligations under the lease. It is commonly used in commercial, retail, and high-value residential leasing situations, and must comply with both federal and state-specific legislation including property law, consumer protection, and tenancy regulations. The document includes essential elements such as property details, lease terms, guarantee provisions, financial obligations, and enforcement mechanisms.
Suggested Sections

1. Parties: Identifies all parties: Landlord/Lessor, Tenant/Lessee, and Guarantor(s)

2. Background: Explains the context of the agreement, including the property details and the need for a personal guarantee

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Grant of Lease: Specifies the formal grant of lease, including property description and term

5. Rent and Other Payments: Details rent amount, payment terms, review mechanisms, and other financial obligations

6. Guarantee and Indemnity: Sets out the guarantor's obligations, extent of guarantee, and indemnity provisions

7. Tenant's Obligations: Comprehensive list of tenant's responsibilities including maintenance, repairs, and permitted use

8. Landlord's Obligations: Details the landlord's responsibilities and commitments

9. Insurance Requirements: Specifies required insurance coverage for both tenant and landlord

10. Default and Remedies: Outlines events of default and available remedies for all parties

11. Termination: Conditions and procedures for terminating the lease

12. Guarantor's Acknowledgments: Specific acknowledgments and declarations by the guarantor

13. Notices: Requirements for giving valid notices under the agreement

14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

15. Execution: Formal execution blocks for all parties

Optional Sections

1. Assignment and Subletting: Include when the lease may allow for assignment or subletting rights

2. Option to Renew: Include when offering lease renewal options

3. Break Clause: Include when early termination rights are being granted

4. Fit-out Provisions: Include for commercial properties requiring tenant fit-out

5. Environmental Obligations: Include for properties with specific environmental requirements or risks

6. Multiple Guarantors: Include specific provisions when there are multiple guarantors

7. GST Provisions: Include detailed GST provisions for commercial leases

8. Special Conditions: Include any property-specific or party-specific conditions

9. Guarantee Release Conditions: Include specific conditions under which the guarantee may be released

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the leased property including plan, measurements, and inclusions

2. Schedule 2 - Rent and Payment Details: Detailed breakdown of rent, payment dates, and review mechanisms

3. Schedule 3 - Permitted Use: Specific details of how the property may be used

4. Schedule 4 - Guarantor Information: Detailed information about guarantor(s) including financial position

5. Schedule 5 - Condition Report: Initial condition of the property

6. Appendix A - Plan of Property: Floor plans and site plans

7. Appendix B - Special Conditions: Any additional terms or conditions specific to this agreement

8. Appendix C - Guarantor's Statement of Financial Position: Financial information provided by guarantor(s)

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions







































Clauses



































Relevant Industries

Real Estate

Commercial Property

Retail

Hospitality

Professional Services

Industrial

Manufacturing

Healthcare

Education

Technology

Relevant Teams

Legal

Real Estate

Property Management

Risk and Compliance

Operations

Facilities Management

Asset Management

Contract Administration

Business Development

Finance

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Commercial Lease Manager

Property Portfolio Manager

Tenant Representative

Business Development Manager

Risk Manager

Compliance Officer

Contract Administrator

Facilities Manager

Asset Manager

Property Director

Leasing Executive

Corporate Lawyer

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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