Lease Guaranty Agreements

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Commonly Asked Questions about Lease Guaranty Agreements

What is the guaranty provision of a lease?

A lease guaranty is a contract between an individual or entity (guarantor) that is typically related to the tenant. The guarantor promises to pay the landlord any and all payments due under the lease in the event the tenant defaults under its lease obligations and otherwise cure the tenants defaults.

What is the guarantor clause in a lease agreement Ontario?

The Guarantor agrees that he/she is primarily liable to the Owner and that he/she will not be released nor his/her liability under this Lease be limited or lessened by any variation in or departure from the terms of the Lease nor by the Owner granting time, accepting proposals, granting releases or otherwise dealing

What is the default provision of a lease?

Commercial leases require an effective default clause that allows the landlord to force a tenant to comply with all lease obligations. The default clause commonly provides the procedure for obtaining an eviction or the threat of an eviction for a commercial tenants violation of the lease.

What does a personal guarantee on a lease mean?

A personal guarantee is a contract between a tenant and a landlord in which the tenant agrees to be personally responsible for the payment of rent if the business fails. This means that if the business is unable to pay rent, the landlord can come after the tenant for the money.

What is the minimum guarantee on a lease?

Minimum lease payments are rental payments over the lease term including the amount of any bargain purchase option, premium, and any guaranteed residual value, and excluding any rental relating to costs to be met by the lessor and any contingent rentals.

What is the guaranty of a lease in NY?

There are two types of lease guarantees in New York. A full or complete guarantee for the payment of rent or a good guy guarantee (GGG), which is a specialized type of guarantee, which can limit the payment of the guarantor under the lease, if certain conditions enumerated in the GGG are met.

What is the difference between a guarantee and an indemnity lease?

Lease indemnity agreements also enable landlords to pursue an action against an indemnifier immediately following the tenants default under the lease. In contrast, a lease guarantee agreement requires that the landlord must first pursue an action against the tenant before seeking recourse against the guarantor.