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Personal Guarantee Rental Agreement

Personal Guarantee Rental Agreement Template for Germany

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Key Requirements PROMPT example:

Personal Guarantee Rental Agreement

"I need a Personal Guarantee Rental Agreement under German law for a student apartment in Berlin, where the parents will act as guarantors for a 12-month lease starting March 1, 2025, with a maximum guarantee amount of €15,000."

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Document background
The Personal Guarantee Rental Agreement is a crucial document in German real estate practice, used when additional security is required beyond a standard rental deposit. This agreement, governed by German law, particularly the Civil Code (BGB), is commonly used in situations where tenants may have limited credit history, for student rentals where parents act as guarantors, or in commercial leases where corporate guarantees are required. The document must comply with strict German legal requirements, including written form requirements (Schriftformerfordernis) under § 766 BGB, and includes specific provisions regarding the scope of guaranteed obligations, enforcement procedures, and guarantor's rights. The Personal Guarantee Rental Agreement is particularly important in the German market where rental security deposits are legally limited to three months' rent, and landlords may seek additional security through guarantees. The document needs to balance the landlord's security interests with consumer protection laws, especially when the guarantor is a private individual.
Suggested Sections

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

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

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

4. Property Details: Description of the rental property, including address and any included fixtures/fittings

5. Rental Terms: Core terms of the underlying rental agreement, including rent amount, payment terms, and duration

6. Guarantee Obligations: Scope of the guarantee, specific obligations being guaranteed, and maximum liability amount

7. Duration of Guarantee: Term of the guarantee, including start date and conditions for termination

8. Payment Terms: Process for demanding payment under the guarantee and payment requirements

9. Guarantor's Confirmations: Guarantor's representations regarding their financial capacity and understanding of obligations

10. Enforcement: Procedures for enforcing the guarantee, including any notice requirements

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

Optional Sections

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

2. Guarantee Limitation: Used when the guarantee is limited to specific aspects of the tenant's obligations or has a maximum cap

3. Security Deposit Relationship: Required when coordinating the guarantee with an existing security deposit

4. Early Termination Rights: Optional provisions for early termination of the guarantee under specific circumstances

5. Guarantor's Right of Recourse: Detailed provisions regarding the guarantor's rights against the tenant after paying under the guarantee

6. Consumer Protection Declarations: Required when the guarantor is acting as a consumer rather than in a business capacity

7. Property Use Restrictions: Optional section specifying any special conditions regarding property use that the guarantee covers

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the rental property, including floor plans and condition report

2. Schedule 2 - Rental Payment Schedule: Detailed breakdown of rent payments, including any planned increases

3. Schedule 3 - Guarantor's Statement of Assets: Financial information provided by the guarantor to demonstrate capacity to meet obligations

4. Appendix A - Form of Demand: Template for making formal demand under the guarantee

5. Appendix B - Underlying Rental Agreement: Copy of the main rental agreement being guaranteed

6. Appendix C - Guarantor's Identity Documents: Copies of guarantor's identification documents and proof of address

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Legal Services

Banking & Financial Services

Student Housing

Corporate Housing

Retail Leasing

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Compliance

Risk Management

Contract Administration

Asset Management

Operations

Customer Relations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Leasing Manager

Asset Manager

Compliance Officer

Rental Administrator

Housing Officer

Contract Manager

Real Estate Portfolio Manager

Tenant Relations Manager

Risk 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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