Lease Guaranty Form Template for Canada

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Key Requirements PROMPT example:

Lease Guaranty Form

"I need a Lease Guaranty Form for a corporate guarantor (parent company) providing an unlimited guarantee for a five-year commercial lease of retail space in Ontario, with quarterly financial reporting requirements and step-in rights if the subsidiary defaults."

Document background
The Lease Guaranty Form is an essential document in Canadian real estate transactions where additional security is required beyond the tenant's own covenant. This document is commonly used when leasing to new businesses, companies with limited operating history, or individuals with insufficient credit history. The guarantee may be provided by a parent company, business owner, or other financially capable third party. The form outlines the guarantor's obligations, including payment of rent, compliance with lease terms, and other tenant responsibilities in case of default. It must comply with both federal and provincial legislation, including the Statute of Frauds requirements for written guarantees and provincial property laws. The document typically includes provisions for enforcement, duration of the guarantee, and any limitations on the guarantor's liability.
Suggested Sections

1. Parties: Identifies all parties: Landlord (beneficiary of guarantee), Tenant (primary obligor), and Guarantor

2. Background: Recitals explaining the context of the lease agreement and the requirement for the guarantee

3. Definitions: Key terms used throughout the guarantee agreement

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee and indemnification obligations

5. Duration of Guarantee: Specifies the term of the guarantee and any continuation or termination provisions

6. Guarantor's Obligations: Detailed list of the guarantor's specific obligations and responsibilities

7. Enforcement: Landlord's rights and remedies in case of default

8. Preservation of Rights: Clauses maintaining the guarantee's validity despite changes to the lease or tenant circumstances

9. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee

10. Notices: Communication procedures between parties

11. Governing Law: Specifies Canadian law and relevant provincial jurisdiction

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Guarantors: Additional provisions for when there are multiple guarantors, defining joint and several liability

2. Corporate Guarantee Provisions: Specific provisions when the guarantor is a corporation, including corporate authority and financial reporting requirements

3. Guarantee Limitations: Any caps or limitations on the guarantee amount or scope, if applicable

4. Step-In Rights: Provisions allowing the guarantor to take over the lease in certain circumstances

5. Financial Reporting: Requirements for regular financial updates from the guarantor

6. Assignment and Transfer: Provisions regarding the transfer or assignment of the guarantee

7. Independent Legal Advice: Acknowledgment of receiving independent legal advice, particularly important for individual guarantors

Suggested Schedules

1. Schedule A - Lease Reference: Copy or summary of the main lease agreement being guaranteed

2. Schedule B - Property Description: Details of the leased premises covered by the guarantee

3. Schedule C - Guarantee Amount: If the guarantee is limited, specific details of the guarantee cap or formula

4. Appendix 1 - Certificate of Independent Legal Advice: Where required, signed confirmation that the guarantor received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Retail

Office Space

Industrial

Residential Property

Hospitality

Healthcare

Education

Manufacturing

Warehousing

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Operations

Finance

Compliance

Asset Management

Leasing

Administration

Relevant Roles

Property Manager

Real Estate Manager

Leasing Manager

Legal Counsel

Corporate Lawyer

Real Estate Attorney

Risk Manager

Chief Financial Officer

Asset Manager

Facilities Manager

Operations Director

Commercial Lease Administrator

Portfolio Manager

Real Estate Director

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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