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Guarantor Rental Agreement
"I need a Hong Kong Guarantor Rental Agreement for a commercial property in Central district, with three corporate guarantors jointly guaranteeing a 5-year lease starting March 1, 2025, with step-in rights provisions."
1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor, including their respective addresses and contact information
2. Background: Sets out the context of the agreement, including that the Landlord has agreed to let the Property to the Tenant subject to the provision of a guarantee
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Tenancy Agreement', 'Rent', 'Term', and 'Guaranteed Obligations'
4. Primary Tenancy Terms: Summarizes the key terms of the underlying tenancy agreement, including property details, rent amount, and duration
5. Guarantee and Indemnity: Core section detailing the guarantor's obligations, the extent of the guarantee, and the terms of the indemnity
6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions affecting its duration
7. Guarantor's Acknowledgments: Contains specific confirmations and acknowledgments by the guarantor regarding their obligations
8. Landlord's Rights and Remedies: Details the landlord's rights in enforcing the guarantee and seeking remedies
9. Payment Provisions: Specifies how and when the guarantor must make payments upon demand
10. Termination: Sets out the circumstances under which the guarantee may be terminated
11. Notices: Specifies how formal notices must be given between the parties
12. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement and Hong Kong courts have jurisdiction
1. Joint and Several Liability: Required when there are multiple guarantors, establishing their joint and several liability
2. Guarantor's Financial Reporting: Optional section requiring the guarantor to provide periodic financial information, typically used for commercial tenancies or high-value residential leases
3. Guarantee Limit: Optional cap on the guarantor's liability, if agreed between the parties
4. Step-in Rights: Optional provision allowing the guarantor to take over the tenancy in case of tenant default, more common in commercial contexts
5. Assignment and Transfer: Required when the parties wish to address whether the guarantee can be assigned or transferred
6. Costs and Expenses: Optional detailed provisions regarding who bears the costs of preparing and enforcing the guarantee
1. Schedule 1 - The Property: Detailed description of the rental property, including address, included fixtures and fittings
2. Schedule 2 - The Tenancy Agreement: Copy or key terms of the underlying tenancy agreement
3. Schedule 3 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
4. Appendix A - Guarantor's Statement of Assets: Financial statement or declaration from the guarantor regarding their assets and ability to meet obligations
5. Appendix B - Form of Demand: Template for the landlord to make formal demands under the guarantee
Authors
Real Estate
Property Management
Residential Housing
Commercial Property
Student Housing
Serviced Apartments
Property Investment
Legal Services
Property Development
Legal
Real Estate
Property Management
Leasing
Operations
Risk Management
Compliance
Asset Management
Contract Administration
Tenant Relations
Property Manager
Real Estate Agent
Leasing Manager
Legal Counsel
Property Administrator
Facilities Manager
Asset Manager
Housing Officer
Tenant Relations Manager
Contract Administrator
Risk Manager
Compliance Officer
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