Rent Guarantee Agreement Template for Germany

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Key Requirements PROMPT example:

Rent Guarantee Agreement

"I need a Rent Guarantee Agreement under German law for a commercial office space in Berlin, with two corporate guarantors jointly guaranteeing a maximum liability of €500,000, to be effective from March 1, 2025."

Document background
The Rent Guarantee Agreement is commonly used in both residential and commercial leasing contexts in Germany, where landlords seek additional security beyond standard lease provisions. This document becomes particularly relevant when tenants cannot provide sufficient security deposits or when dealing with high-value commercial leases. The agreement must comply with German law requirements, particularly the written form requirement under §766 BGB. A properly structured Rent Guarantee Agreement will clearly define the guaranteed obligations, including rent payments, ancillary costs, and potential damages, while specifying the maximum liability amount and duration of the guarantee. It serves as a critical risk management tool in the German real estate market, providing landlords with additional security while facilitating access to rental properties for tenants who might otherwise struggle to secure a lease.
Suggested Sections

1. Parties: Identification of all parties: Guarantor (Bürge), Landlord (Vermieter), and Tenant (Mieter)

2. Background: Context of the guarantee, reference to the main lease agreement, and purpose of the guarantee

3. Definitions: Definition of key terms including Guaranteed Obligations, Property, Lease Agreement, and Security Amount

4. Guarantee: Core guarantee provisions, scope of the guarantee, and maximum liability amount

5. Payment Obligations: Specific terms regarding when and how payments must be made under the guarantee

6. Duration: Term of the guarantee, including start date and conditions for termination

7. Enforcement: Process and conditions for enforcing the guarantee, including notice requirements

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

9. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Required when more than one guarantor is providing the guarantee, defining joint and several liability

2. Commercial Terms: Additional provisions required for commercial property guarantees, including waiver of certain protections under §§ 770, 771 BGB

3. Additional Security: Terms relating to any additional security provided alongside the guarantee

4. Bank Guarantee Option: Terms allowing for replacement of personal guarantee with bank guarantee

5. Guarantor Financial Covenants: Required for commercial guarantees where ongoing financial strength of guarantor is crucial

6. Release Conditions: Specific conditions under which the guarantor may be released from obligations before lease end

7. Assignment and Transfer: Terms governing if and how the guarantee can be assigned or transferred

Suggested Schedules

1. Main Lease Agreement: Copy or key terms of the underlying lease agreement being guaranteed

2. Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee

3. Form of Demand: Template for making a formal demand under the guarantee

4. Guarantor Information: Required identification and contact information for the guarantor

5. Property Details: Specific details of the property subject to the lease agreement

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 Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Retail

Office Space

Industrial & Warehousing

Hospitality

Student Housing

Senior Living

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Risk Management

Compliance

Asset Management

Operations

Tenant Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Asset Manager

Legal Counsel

Real Estate Attorney

Housing Officer

Tenant Relations Manager

Commercial Lease Administrator

Risk Manager

Facility Manager

Real Estate Portfolio Manager

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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