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Guarantor Tenancy Agreement Template for Germany

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Key Requirements PROMPT example:

Guarantor Tenancy Agreement

"I need a Guarantor Tenancy Agreement for a student apartment in Berlin, with the tenant's parents as guarantors, starting from March 1, 2025, where the guarantee needs to cover both rent and potential property damage up to €10,000."

Document background
The Guarantor Tenancy Agreement is a vital legal instrument in the German residential property market, particularly used when landlords require additional security beyond a standard security deposit. This document type is commonly utilized for student rentals, first-time renters, or situations where the tenant's financial credentials alone may not satisfy the landlord's requirements. The agreement combines standard tenancy provisions under German law with specific guarantee clauses, creating a three-party relationship between landlord, tenant, and guarantor. The document must comply with strict German legal requirements, including written form requirements (Schriftformerfordernis) under the BGB, and contains specific provisions about the scope and nature of the guarantee, ensuring clarity and enforceability under German law.
Suggested Sections

1. Parties: Identification and details of the landlord, tenant, and guarantor, including full legal names, addresses, and contact information

2. Background: Context of the tenancy agreement and the reason for the guarantee

3. Definitions: Key terms used throughout the agreement including 'Rental Property', 'Guarantee Period', 'Guaranteed Obligations'

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

5. Rental Terms: Rent amount, payment schedule, utilities, and other charges

6. Guarantee Provisions: Scope of the guarantee, maximum liability amount, and duration of the guarantee obligation

7. Guarantor's Obligations: Detailed description of what the guarantor is responsible for and circumstances triggering guarantee

8. Security Deposit: Details of the security deposit, its management and return conditions

9. Duration and Termination: Length of tenancy, notice periods, and conditions for termination

10. Maintenance and Repairs: Responsibilities for property maintenance and repair obligations

11. Insurance Requirements: Required insurance coverage for tenant and property

12. Signatures and Declarations: Formal signing section including date and place of signature

Optional Sections

1. Pet Provisions: Include when pets are allowed in the property, specifying conditions and additional deposits

2. Commercial Use: Include when partial commercial use of the property is permitted

3. Subletting Provisions: Include when subletting might be permitted under certain conditions

4. Energy Performance: Required for buildings with energy performance certificates

5. Renovation Clause: Include when specific renovation or restoration obligations are agreed upon

6. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability

7. Social Housing Provisions: Include for properties subject to social housing regulations

Suggested Schedules

1. Inventory List: Detailed list of furniture, appliances, and fittings included in the rental

2. Property Condition Report: Detailed description of property condition at start of tenancy

3. House Rules: Building or complex rules and regulations

4. Utility Agreements: Details of utility arrangements and responsibilities

5. Guarantor Financial Statement: Confidential statement of guarantor's financial position

6. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

7. Energy Performance Certificate: Copy of the property's energy performance certificate

8. Floor Plan: Detailed plan of the property showing all rooms and measurements

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

Relevant legal definitions





































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Relevant Industries

Real Estate

Property Management

Residential Housing

Student Housing

Social Housing

Legal Services

Property Investment

Banking & Finance

Insurance

Property Development

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Housing Services

Contracts Administration

Tenant Relations

Document Management

Property Operations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Tenancy Relations Officer

Risk Manager

Compliance Officer

Contracts Manager

Student Housing Coordinator

Property Investment Manager

Leasing Manager

Housing Services Manager

Real Estate Portfolio 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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