Guarantor On Lease Agreement Template for Netherlands

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Key Requirements PROMPT example:

Guarantor On Lease Agreement

"I need a Guarantor on Lease Agreement for a student tenant starting January 2025, where the guarantor is the student's parent and will guarantee a maximum of €15,000 for a residential property in Amsterdam."

Document background
The Guarantor On Lease Agreement is a crucial document in Dutch property leasing arrangements where additional security is required beyond the tenant's own covenant. This document is commonly used when letting property to students, new businesses, or entities with limited trading history. It provides landlords with additional security while enabling tenants who might otherwise not qualify to enter into lease agreements. The document, governed by Dutch law, establishes the guarantor's obligations to fulfill the tenant's responsibilities under the lease if the tenant defaults, including payment of rent, service charges, and other lease obligations. It includes specific provisions required under Dutch law regarding the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties. The agreement must comply with the Dutch Civil Code's requirements for both lease and guarantee agreements, making it essential for property transactions requiring additional security in the Netherlands.
Suggested Sections

1. Parties: Identification of all parties: Landlord (Creditor), Tenant (Debtor), and Guarantor

2. Background: Context of the guarantee, referring to the main lease agreement and explaining why the guarantee is required

3. Definitions: Definitions of key terms used in the agreement, including 'Guaranteed Obligations', 'Lease Agreement', and 'Guarantee Period'

4. Scope of Guarantee: Detailed description of what obligations are being guaranteed, including rent, service charges, and other tenant obligations

5. Duration of Guarantee: Term of the guarantee, including start date and end conditions

6. Guarantor's Obligations: Primary obligations of the guarantor, including payment obligations and performance guarantees

7. Demand and Payment: Process for making demands under the guarantee and how payments should be made

8. Preservation of Rights: Landlord's rights in relation to the guarantee and circumstances that don't affect the guarantee's validity

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

10. Notices: How and where formal communications between parties should be made

11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Section needed when there is more than one guarantor, defining joint and several liability

2. Specific Asset Guarantee: Used when the guarantee is limited to or secured by specific assets

3. Maximum Liability Cap: Include when the guarantee is subject to a maximum amount

4. Early Termination Rights: Optional provisions for circumstances under which the guarantor can be released early

5. Step-In Rights: Optional rights for guarantor to take over the lease in case of tenant default

6. Financial Reporting: Requirements for guarantor to provide periodic financial information, typically used for corporate guarantors

7. Currency Provisions: Required when rent is paid in a currency different from the guarantee

8. Tax Gross-Up: Provisions for tax implications of guarantee payments

Suggested Schedules

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

2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee

3. Schedule 3 - Form of Demand: Template for making formal demands under the guarantee

4. Schedule 4 - Property Details: Details of the property subject to the lease agreement

5. Schedule 5 - Guarantor's Assets: If relevant, list of assets securing the guarantee or financial statements

6. Appendix A - Execution Formalities: Required formalities under Dutch law for guarantee execution

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

Commercial Property

Residential Property

Student Housing

Retail

Office Space

Industrial Property

Hospitality

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Operations

Finance

Compliance

Asset Management

Tenant Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Contract Manager

Risk Manager

Lease Administrator

Asset Manager

Financial Controller

Commercial Director

Operations Manager

Housing Officer

Tenant Relations Manager

Credit Risk Officer

Real Estate Attorney

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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