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Par t II: Renting Your Proper ty
Figure 10-1:
Guarantee
of Lease
or Rental
Agreement.
Guarantee of Lease or Rental Agreement
On the date below, in consideration of the execution of the Lease or Rental Agreement, dated _________________, 20 _____,
for the premises located at: _____________________________________________ (Rental unit) by and between
_________________________________________________ (Tenant)
_________________________________________________ (Owner) and
_________________________________________________ (Guarantor);
for valuable consideration, receipt of which is hereby acknowledged, the Guarantor does hereby guarantee unconditionally to Owner,
Owner's agent, and/or including Owner's successor and assigns, the prompt payment by Tenant of any unpaid rent, property damage
and cleaning and repair costs or any other sums which become due pursuant to said lease or rental agreement, a copy of which is
attached hereto, including any and all court costs or attorney's fees incurred in enforcing the lease or rental agreement.
If Tenant assigns or subleases the Rental unit, Guarantor shall remain liable under the terms of this Agreement for the performance of
the assignee or sublessee, unless Owner relieves Guarantor by express written termination of this Agreement.
In the event of the breach of any terms of the Lease or Rental Agreement by the Tenant, Guarantor shall be liable for any damages,
financial or physical, caused by Tenant, including any and all legal fees incurred in enforcing the Lease or Rental Agreement. Owner
or Owner's agent may immediately enforce this Guarantee upon any default by Tenant and an action against Guarantor may be
brought at any time without first seeking recourse against the Tenant.
The insolvency of Tenant or nonpayment of any sums due from Tenant may be deemed a default giving rise to action by Owner
against Guarantor. This Guarantee does not confer a right to possession of the Rental unit by Guarantor, and Owner is not required to
serve Guarantor with any legal notices, including any demand for payment of rent, prior to Owner proceeding against Guarantor for
Guarantor's obligation under this Guarantee.
Unless released in writing by Owner, Guarantor shall remain obligated by the terms of this Guarantee for the entire period of the
tenancy as provided by the Lease or Rental Agreement and for any extensions pursuant thereto. In the event Tenant and Owner modify
the terms of said Lease or Rental Agreement, with or without the knowledge or consent of Guarantor, Guarantor waives any and all
rights to be released from the provisions of this Guarantee and Guarantor shall remain obligated by said additional modifications and
terms of the Lease or Rental Agreement. Guarantor hereby consents and agrees in advance to any changes, modifications, additions, or
deletions of the Lease or Rental Agreement made and agreed to by Owner and Tenant during the entire period of the tenancy.
If any legal action or proceeding is brought by either party to enforce any part of this agreement, the prevailing party shall recover, in
addition to all other relief, reasonable attorney's fees and costs. By signing below, Owner, Tenant and Guarantor acknowledge and
accept all terms contained herein.
______________________________ ______________________________ ______________________________
Tenant's Signature Guarantor's Signature Owner's Signature
______________________________ ______________________________ ______________________________
Tenant's Name (print) Guarantor's Name (print) Owner's Name (print)
______________________________ ______________________________ ______________________________
______________________________ ______________________________ ______________________________
Tenant's Address Guarantor's Address Owner's Address
______________________________ ______________________________ ______________________________
Date Date Date
______________________________ ______________________________ ______________________________
Daytime phone number Daytime phone number Daytime phone number
For example, if the proposed guarantor has a gross monthly income of $4,000
with a $1,000 mortgage payment, he has an adjusted gross income of $3,000.
Assuming you have an income standard that requires the tenant to earn
three times the monthly rent (and assuming the guarantor meets all your
other screening criteria), this person can be the guarantor for your prospect
as long as the rent doesn’t exceed $1,000 per month.
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