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Rent Guarantee Agreement for Germany

Rent Guarantee Agreement Template for Germany

A Rent Guarantee Agreement under German law (Mietb眉rgschaft) is a legally binding document where a third party (the guarantor) assumes responsibility for a tenant's rental obligations. Governed by the German Civil Code (BGB), particularly 搂搂765-778, this agreement provides security to landlords by ensuring rental payments and other lease obligations are met. The document outlines the scope of the guarantee, payment terms, enforcement mechanisms, and the specific conditions under which the guarantee can be called upon, while complying with German formal requirements for guarantee agreements.

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What is a Rent Guarantee Agreement?

The Rent Guarantee Agreement is commonly used in both residential and commercial leasing contexts in Germany, where landlords seek additional security beyond standard lease provisions. This document becomes particularly relevant when tenants cannot provide sufficient security deposits or when dealing with high-value commercial leases. The agreement must comply with German law requirements, particularly the written form requirement under 搂766 BGB. A properly structured Rent Guarantee Agreement will clearly define the guaranteed obligations, including rent payments, ancillary costs, and potential damages, while specifying the maximum liability amount and duration of the guarantee. It serves as a critical risk management tool in the German real estate market, providing landlords with additional security while facilitating access to rental properties for tenants who might otherwise struggle to secure a lease.

What sections should be included in a Rent Guarantee Agreement?

1. Parties: Identification of all parties: Guarantor (B眉rge), Landlord (Vermieter), and Tenant (Mieter)

2. Background: Context of the guarantee, reference to the main lease agreement, and purpose of the guarantee

3. Definitions: Definition of key terms including Guaranteed Obligations, Property, Lease Agreement, and Security Amount

4. Guarantee: Core guarantee provisions, scope of the guarantee, and maximum liability amount

5. Payment Obligations: Specific terms regarding when and how payments must be made under the guarantee

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

7. Enforcement: Process and conditions for enforcing the guarantee, including notice requirements

8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee

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

What sections are optional to include in a Rent Guarantee Agreement?

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

2. Commercial Terms: Additional provisions required for commercial property guarantees, including waiver of certain protections under 搂搂 770, 771 BGB

3. Additional Security: Terms relating to any additional security provided alongside the guarantee

4. Bank Guarantee Option: Terms allowing for replacement of personal guarantee with bank guarantee

5. Guarantor Financial Covenants: Required for commercial guarantees where ongoing financial strength of guarantor is crucial

6. Release Conditions: Specific conditions under which the guarantor may be released from obligations before lease end

7. Assignment and Transfer: Terms governing if and how the guarantee can be assigned or transferred

What schedules should be included in a Rent Guarantee Agreement?

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

2. Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee

3. Form of Demand: Template for making a formal demand under the guarantee

4. Guarantor Information: Required identification and contact information for the guarantor

5. Property Details: Specific details of the property subject to the lease agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Guarantor Agreement

Sector

Banking

Cost

Free to use

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