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Personal Guarantee Lease Agreement Template for South Africa

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Key Requirements PROMPT example:

Personal Guarantee Lease Agreement

"I need a Personal Guarantee Lease Agreement for a residential property in Cape Town, where the tenant's parent company will act as guarantor, with the lease starting March 1, 2025, and including specific provisions for maintenance and utility responsibilities."

Document background
The Personal Guarantee Lease Agreement is a specialized legal instrument used in South African property law when additional security is required beyond a standard lease agreement. This document is typically employed when a landlord requires extra assurance regarding a tenant's ability to meet their rental obligations, particularly in high-value properties or when dealing with tenants who may have limited credit history or financial credentials. The agreement combines standard lease provisions governed by the Rental Housing Act with personal guarantee elements, creating a three-way legal relationship between landlord, tenant, and guarantor. It's especially relevant in both residential and commercial contexts where the guarantee of a third party (often a parent company, director, or family member) is required to secure the lease. The document must comply with South African consumer protection legislation and property law while clearly establishing the scope and limitations of the guarantor's liability.
Suggested Sections

1. Parties: Identifies the Landlord, Tenant, and Guarantor with their full details including registration/ID numbers and addresses

2. Background: Explains the context of the lease agreement and the requirement for a personal guarantee

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation rules

4. Lease Terms: Specifies the property details, lease period, and rental amount

5. Guarantee Provisions: Details the extent and nature of the guarantee, including the guarantor's obligations and liability

6. Payment Terms: Specifies rent payment details, deposit requirements, and other financial obligations

7. Property Use and Maintenance: Outlines permitted use of property and maintenance responsibilities

8. Landlord's Rights and Obligations: Details the landlord's responsibilities and rights under the agreement

9. Tenant's Rights and Obligations: Specifies the tenant's responsibilities and rights under the agreement

10. Guarantor's Rights and Obligations: Defines specific rights and obligations of the guarantor beyond the basic guarantee

11. Default and Remedies: Describes what constitutes default and the available remedies for all parties

12. Termination: Outlines conditions and procedures for terminating the agreement

13. Notices and Communications: Specifies how formal communications between parties should be handled

14. General Provisions: Contains standard legal clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Break Clause: Optional provision allowing early termination under specific circumstances

2. Subletting Provisions: Include when subletting might be permitted under certain conditions

3. Pet Clauses: Include when pets are allowed or specifically prohibited

4. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability

5. Property Management: Include when a property management company is involved

6. Special Modifications: Include when specific modifications to the property are permitted or prohibited

7. Utilities and Services: Include detailed provisions about utility responsibilities when not standard

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the leased property including photographs and condition report

2. Schedule B - Inventory List: Detailed list of furnishings and appliances included in the lease

3. Schedule C - Rental Payment Schedule: Breakdown of rental payments, including any scheduled increases

4. Schedule D - House Rules: Specific rules and regulations for the property or complex

5. Appendix 1 - Guarantor Financial Information: Confidential financial information provided by the guarantor

6. Appendix 2 - Proof of Identity Documents: Copies of identity documents for all parties

7. Appendix 3 - Property Maintenance Schedule: Detailed maintenance responsibilities and schedules

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

Legal Services

Property Development

Financial Services

Housing Administration

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Contract Administration

Facilities Management

Housing Administration

Tenant Relations

Document Control

Relevant Roles

Property Manager

Legal Counsel

Real Estate Agent

Lease Administrator

Property Portfolio Manager

Compliance Officer

Risk Manager

Contract Manager

Facilities Manager

Real Estate Director

Legal Administrator

Housing Officer

Property Consultant

Tenant Relations Manager

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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