The Rent Guarantor Form is a crucial document in Indonesian property rental transactions, used when additional security is required beyond the tenant's own covenant. This document becomes necessary in various scenarios, such as student rentals, first-time renters, or when tenants don't meet specific financial criteria. The form, governed by Indonesian law including the Civil Code (KUH Perdata) and relevant property regulations, establishes the guarantor's legal obligation to fulfill the tenant's responsibilities in case of default. It typically includes detailed sections covering the scope of guarantee, financial obligations, enforcement procedures, and termination conditions. The document must be drafted in Indonesian or bilingually if foreign parties are involved, as per Law No. 24 of 2009.
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1. Parties: Identifies and provides full details of all parties involved: the Landlord, Tenant, and Guarantor, including their legal names, addresses, and identification numbers
2. Background: Brief context explaining the rental agreement between Landlord and Tenant, and the requirement for a guarantor
3. Definitions: Key terms used throughout the document, including 'Rental Agreement', 'Guaranteed Obligations', 'Property', and 'Guarantee Period'
4. Scope of Guarantee: Detailed description of what obligations the guarantor is guaranteeing, including rent payments, property damage, and other tenant obligations
5. Duration of Guarantee: Specifies the time period for which the guarantee is valid, typically aligned with the rental agreement term
6. Guarantor's Obligations: Specific responsibilities and commitments of the guarantor, including payment obligations and response timeframes
7. Limit of Liability: Clear statement of the maximum amount the guarantor may be liable for and any exclusions
8. Enforcement Process: Steps the landlord must take before calling upon the guarantee, including notice requirements
9. Termination: Conditions under which the guarantee can be terminated and the process for termination
10. Governing Law: Confirms that Indonesian law governs the agreement and specifies jurisdiction for disputes
1. Language Requirements: Required when the guarantor or any party is non-Indonesian, specifying that the document is bilingual and which version prevails
2. Electronic Execution: Include when the form will be signed electronically, addressing compliance with Law No. 11 of 2008
3. Multiple Guarantors: Include when there is more than one guarantor, specifying whether liability is joint and several
4. Property Insurance: Include when the guarantor's obligations extend to insurance requirements
5. Change of Circumstances: Include provisions for updating guarantor details or handling changes in financial circumstances
1. Schedule 1 - Property Details: Detailed description of the rental property, including address and any specific inclusions
2. Schedule 2 - Rental Agreement Summary: Key terms from the main rental agreement including rent amount, payment schedule, and duration
3. Schedule 3 - Guarantor Financial Information: Required financial information and documentation from the guarantor proving ability to meet obligations
4. Appendix A - Notice Forms: Template forms for various notices required under the guarantee agreement
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