The Lease Guarantor Form is essential in Malaysian property leasing transactions where landlords require additional security beyond the tenant's own covenant. This document is commonly used when leasing to students, new businesses, or tenants with limited credit history. The form, governed by Malaysian law, particularly the Contracts Act 1950 and related legislation, establishes the guarantor's obligations to fulfill the tenant's responsibilities if they default. It typically includes comprehensive details about the guaranteed obligations, enforcement mechanisms, and the rights and responsibilities of all parties involved. The document must be properly stamped under the Stamp Act 1949 to be legally enforceable in Malaysian courts.
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1. Parties: Identifies all parties to the guarantee: the Landlord (beneficiary of the guarantee), the Tenant (principal debtor), and the Guarantor
2. Background: Outlines the context of the guarantee, referring to the main lease agreement and explaining why the guarantee is required
3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Lease', 'Rent', and other relevant terms
4. Guarantee and Indemnity: Core section detailing the guarantor's promise to guarantee the tenant's obligations and indemnify the landlord
5. Scope of Guarantee: Specifies exactly what obligations are being guaranteed, including rent, damages, and other tenant obligations
6. Duration of Guarantee: Specifies how long the guarantee will remain in force and any conditions for termination
7. Guarantor's Obligations: Details specific obligations and responsibilities of the guarantor
8. Landlord's Rights: Outlines the landlord's rights against the guarantor and conditions for enforcing the guarantee
9. Execution: Formal signing section with space for all parties' signatures and witness details
1. Joint and Several Liability: Required when there are multiple guarantors, establishing that each guarantor is liable for the full amount
2. Financial Disclosure: Optional section where guarantor confirms their financial capacity to meet the guarantee obligations
3. Guarantor's Right of Subrogation: Details the guarantor's rights to recover payments from the tenant, if desired to be included
4. Assignment and Transfer: Required if the guarantee needs to be assignable to future landlords or property owners
5. Limitation of Liability: Optional section setting caps or limits on the guarantor's liability, if agreed
6. Notice Requirements: Optional detailed procedures for how notices should be given to the guarantor
1. Schedule 1 - Principal Lease Details: Copy or summary of the main lease terms being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of specific obligations being guaranteed
3. Schedule 3 - Guarantor's Details: Comprehensive contact and identification details of the guarantor
4. Appendix A - Form of Demand: Standard form for making demands under the guarantee
5. Appendix B - Financial Statement: Optional financial disclosure form for guarantor to complete
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