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Guarantor On Lease Agreement Template for Canada

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Key Requirements PROMPT example:

Guarantor On Lease Agreement

"I need a Guarantor on Lease Agreement for a high-value commercial property in Ontario, with two corporate guarantors jointly guaranteeing a 5-year lease starting March 1, 2025, with a maximum liability cap of $500,000 per guarantor."

Document background
The Guarantor On Lease Agreement is a crucial document in Canadian property leasing transactions where additional security is required beyond the tenant's own covenant. This document is commonly used in situations where a tenant may have limited credit history, insufficient income, or when the landlord requires extra assurance of payment and performance under the lease. The agreement is particularly common in commercial leases, student rentals, and residential leases where the tenant's financial credentials alone may not satisfy the landlord's requirements. The document must comply with provincial residential tenancy legislation and contract law principles, and typically includes detailed provisions about the guarantee's scope, duration, and enforcement mechanisms. It's essential to note that the specific requirements and enforceability conditions may vary by province, and the agreement should be customized accordingly. The document serves as a risk management tool for landlords while providing clear guidelines for guarantors regarding their obligations and potential liabilities.
Suggested Sections

1. Parties: Identifies the Landlord, Tenant(s), and Guarantor(s), including full legal names and addresses

2. Background: References the original lease agreement and explains the context and purpose of the guarantee

3. Definitions: Defines key terms used throughout the agreement, including 'Lease Agreement', 'Guaranteed Obligations', and 'Term'

4. Scope of Guarantee: Clearly defines what obligations 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 and performance guarantees

6. Duration of Guarantee: Specifies how long the guarantee remains in effect, including any conditions for extension or termination

7. Representations and Warranties: Statements by the guarantor regarding their capacity and authority to enter into the guarantee

8. Default and Remedies: Describes what constitutes a default and the landlord's rights and remedies in such cases

9. Notice Requirements: Specifies how and when notices must be given between parties

10. Governing Law: Establishes the applicable law and jurisdiction for the agreement

11. Execution: Signature block and execution requirements

Optional Sections

1. Joint and Several Liability: Required when there are multiple guarantors, establishing their collective responsibility

2. Financial Disclosure: Optional section requiring periodic financial information from the guarantor

3. Maximum Liability Cap: Optional section limiting the guarantor's maximum financial exposure

4. Independent Legal Advice: Required in some jurisdictions or circumstances, acknowledging that the guarantor has received independent legal advice

5. Guarantee Release Conditions: Optional section specifying conditions under which the guarantor may be released from obligations

6. Assignment and Transfer: Optional section addressing whether the guarantee can be assigned or transferred

Suggested Schedules

1. Schedule A - Original Lease Agreement: Copy or summary of the underlying lease agreement being guaranteed

2. Schedule B - Guaranteed Obligations: Detailed list of specific obligations being guaranteed

3. Schedule C - Financial Statement: Template for financial disclosure if required

4. Schedule D - Certificate of Independent Legal Advice: Form to be completed by the guarantor's legal counsel if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Retail

Office Space

Industrial Property

Legal Services

Property Development

Relevant Teams

Legal

Property Management

Leasing

Risk Management

Compliance

Real Estate Operations

Asset Management

Contract Administration

Tenant Relations

Relevant Roles

Property Manager

Leasing Agent

Real Estate Lawyer

Legal Counsel

Tenant Relations Manager

Asset Manager

Risk Manager

Lease Administrator

Property Owner

Real Estate Agent

Commercial Leasing Manager

Compliance Officer

Contract Administrator

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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