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Guarantee Lease Agreement Template for Canada

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Key Requirements PROMPT example:

Guarantee Lease Agreement

"I need a Guarantee Lease Agreement for a commercial retail space in Ontario, where a parent company will guarantee a 5-year lease starting March 1, 2025, with specific provisions for step-in rights if the subsidiary tenant defaults."

Document background
The Guarantee Lease Agreement is a critical document in Canadian property transactions where additional security is required beyond the tenant's primary commitment. This document is commonly used when a landlord requires extra assurance of lease performance, such as in cases involving new businesses, students, or tenants with limited credit history. The agreement creates a legally binding commitment from a guarantor (often a parent company, business owner, or family member) to fulfill the tenant's obligations if they default. The document must comply with provincial property laws and the Statute of Frauds requirements for written guarantees. It typically includes detailed provisions about the scope of guaranteed obligations, enforcement mechanisms, and the duration of the guarantee, while also addressing specific provincial requirements for both commercial and residential contexts.
Suggested Sections

1. Parties: Identification of all parties: Landlord, Tenant, and Guarantor(s), including full legal names and addresses

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

3. Definitions: Key terms used in the agreement, including references to the main lease agreement and defining the guaranteed obligations

4. Guarantee and Indemnity: Core terms of the guarantee, including scope of guaranteed obligations and nature of guarantor's liability

5. Duration of Guarantee: Term of the guarantee, including whether it extends to lease renewals or modifications

6. Guarantor's Obligations: Detailed description of what the guarantor is responsible for, including payment obligations and performance guarantees

7. Enforcement and Remedies: Landlord's rights to enforce the guarantee and available remedies upon default

8. Independent Obligations: Confirmation that the guarantee obligations are independent of the tenant's obligations

9. Preservation of Rights: Landlord's rights to modify the lease or grant extensions without affecting the guarantee

10. Notices: Requirements for serving notices under the guarantee agreement

11. Governing Law: Specification of applicable Canadian provincial law and jurisdiction

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Consumer Protection Notice: Required for residential lease guarantees - includes mandatory consumer protection warnings and cooling-off rights

2. Financial Disclosure: Optional section for commercial leases requiring periodic financial reporting from guarantor

3. Multiple Guarantors: Additional provisions needed when there is more than one guarantor, defining joint and several liability

4. Guarantee Limit: Optional cap on guarantor's liability, if applicable

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

6. Assignment and Transfer: Optional provisions regarding transfer of guarantee rights or obligations

7. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings

Suggested Schedules

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

2. Schedule B - Guaranteed Obligations: Detailed list of specific obligations being guaranteed, if not fully covered in main agreement

3. Schedule C - Guarantor's Certificate: Guarantor's confirmation of independent legal advice and financial capacity

4. Schedule D - Property Details: Description of the leased premises and relevant property information

5. Appendix 1 - Financial Statements: For commercial guarantees, current financial statements of guarantor if required

6. Appendix 2 - Independent Legal Advice Certificate: Certificate from guarantor's lawyer confirming independent legal advice was received

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Student Housing

Senior Living

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Risk Management

Compliance

Operations

Asset Management

Tenant Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Leasing Agent

Legal Counsel

Real Estate Attorney

Lease Administrator

Asset Manager

Property Director

Commercial Leasing Manager

Risk Manager

Compliance Officer

Real Estate Operations Manager

Tenant Relations Manager

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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