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Guarantor Rental Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Guarantor Rental Agreement is a crucial document in Hong Kong's property rental market, commonly used when landlords require additional security beyond a standard tenancy agreement. This typically occurs when renting to students, young professionals, or tenants with limited credit history or income. The agreement outlines the guarantor's obligations to fulfill the tenant's responsibilities if the tenant defaults, including rent payments, property maintenance, and other lease terms. Under Hong Kong law, the document must comply with specific legal requirements, including proper execution and stamping. The agreement protects landlords' interests while facilitating rental arrangements for tenants who might otherwise struggle to secure a lease. It's particularly relevant in high-value property markets or commercial leases where significant financial commitments are involved.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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




































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Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Serviced Apartments

Property Investment

Legal Services

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Operations

Risk Management

Compliance

Asset Management

Contract Administration

Tenant Relations

Relevant Roles

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

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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