The Guarantor Lease Agreement is essential in situations where additional security is required beyond a standard lease agreement in the Philippines. This document is commonly used when tenants may not meet certain financial criteria independently, such as students, new businesses, or individuals with limited credit history. The agreement combines elements of both a standard lease and a guaranty contract, complying with the Civil Code of the Philippines, particularly Book IV on Obligations and Contracts, and Title XV on Guaranty. It includes comprehensive details about the property, rental terms, maintenance obligations, and specifically outlines the scope and extent of the guarantor's liability. The document is structured to protect all parties' interests while ensuring enforceability under Philippine law, incorporating relevant provisions from the Rent Control Act of 2020 for residential properties and applicable commercial regulations for business premises.
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1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor
2. Background: Explains the context of the agreement, including the property being leased and the requirement for a guarantor
3. Definitions: Defines key terms used throughout the agreement
4. The Property: Detailed description of the leased property and any included fixtures and fittings
5. Lease Terms: Core terms of the lease including duration, rent amount, and payment terms
6. Tenant's Obligations: Comprehensive list of tenant's responsibilities and commitments
7. Landlord's Obligations: Details of the landlord's duties and responsibilities
8. Guarantor's Obligations: Scope and extent of the guarantor's liability and responsibilities
9. Security Deposit: Terms regarding the security deposit, including amount, maintenance, and conditions for return
10. Insurance Requirements: Required insurance coverage for both property and liability
11. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures
12. Default and Remedies: Consequences of default by any party and available remedies
13. Termination: Conditions and procedures for terminating the agreement
14. Notices: How formal communications between parties should be made
15. Governing Law: Specifies Philippine law as governing law and jurisdiction
16. Execution: Signature blocks for all three parties and witnesses
1. Utilities and Services: Include when there are specific arrangements for utility payments or provided services
2. Subletting and Assignment: Include when subletting or assignment needs to be specifically addressed
3. Property Management: Include when a property manager is involved
4. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
5. Pet Provisions: Include when pets are allowed with specific conditions
6. Fit-out Works: Include for commercial properties requiring tenant improvements
7. Option to Renew: Include when offering lease renewal options
8. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
1. Schedule 1 - Property Description: Detailed description of the property including floor plans and photographs
2. Schedule 2 - Inventory and Condition Report: Detailed list of fixtures, fittings, and their condition at lease start
3. Schedule 3 - Rent Payment Schedule: Detailed breakdown of rent payments, including escalation if applicable
4. Schedule 4 - House Rules: Building or development rules and regulations
5. Schedule 5 - Guarantor's Financial Statement: Financial information provided by guarantor to demonstrate capacity
6. Schedule 6 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities
7. Appendix A - Required Insurance Certificates: Copies of insurance policies required under the agreement
8. Appendix B - Utilities Transfer Forms: Forms for transferring or establishing utility services
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