Guarantor Tenancy Agreement Template for South Africa

The Guarantor Tenancy Agreement is a specialized legal document used in South African property rentals where additional financial security is required beyond the standard tenant commitments. This document is commonly used for student accommodations, first-time renters, or situations where the tenant's financial credentials alone may not satisfy the landlord's requirements. It combines elements of a standard residential lease agreement with suretyship provisions, ensuring compliance with the Rental Housing Act 50 of 1999, the General Law Amendment Act's suretyship requirements, and other relevant South African legislation. The agreement details not only the standard tenancy terms but also specifies the guarantor's obligations, liability limits, and enforcement mechanisms. It's particularly relevant in urban areas and educational hubs where guaranteed rental arrangements are common practice.

1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor including legal names, identification numbers, and contact details

2. Background: Explains the context of the agreement, including the landlord's ownership of the property and the tenant's desire to rent it with guarantor support

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Rental Period', 'Rental Amount', 'Guarantee Obligations'

4. Property Details: Comprehensive description of the rental property including address, size, included fixtures and fittings

5. Lease Terms: Details of the primary lease including duration, rental amount, payment terms, and deposit requirements

6. Tenant Obligations: Lists all responsibilities and obligations of the tenant including payment, maintenance, and conduct requirements

7. Guarantor Obligations: Specifies the exact scope and extent of the guarantor's liability and responsibilities

8. Duration of Guarantee: Defines how long the guarantee remains in effect and any conditions for its termination

9. Default and Remedies: Outlines what constitutes default by the tenant and the process for enforcing the guarantee

10. Notices: Specifies how and where formal notices must be delivered to all parties

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

12. Signatures: Execution section for all parties with dates and witness requirements