The Rent Guarantee Agreement is a crucial document in Malaysian property leasing arrangements, providing landlords with additional security for their rental income. This document is typically used when a landlord requires extra assurance of rent payment, such as in cases of corporate leases, student rentals, or when tenants have limited credit history. The agreement must comply with Malaysian law, particularly the Contracts Act 1950, National Land Code 1965, and other relevant legislation. It outlines the guarantor's obligations to cover rent payments and other tenant obligations in case of default, specifies the duration and scope of the guarantee, and includes enforcement provisions. The document is essential for risk management in property leasing and often required by institutional landlords or in high-value rental arrangements.
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1. Parties: Identifies the guarantor, landlord (beneficiary of the guarantee), and tenant (principal debtor)
2. Background: Recitals explaining the context of the tenancy agreement and the need for the guarantee
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Tenancy Agreement', and 'Rent'
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Specifies exactly what obligations are covered by the guarantee, including rent, damages, and other tenant obligations
6. Duration: Specifies the term of the guarantee, including any continuation or termination provisions
7. Guarantor's Obligations: Details specific obligations of the guarantor, including payment terms and notification requirements
8. Preservation of Rights: Maintains the landlord's rights in various circumstances, such as tenant insolvency or variations to the tenancy
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
10. Enforcement: Procedures and rights for enforcing the guarantee
11. Notices: Requirements for serving notices under the agreement
12. Governing Law and Jurisdiction: Confirms Malaysian law applies and specifies jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability
3. Guarantee Limit: Include when the guarantee is capped at a specific amount
4. Step-In Rights: Optional provisions allowing guarantor to take over tenancy in case of tenant default
5. Assignment: Include when either party needs the right to assign the guarantee
6. Early Termination Rights: Optional provisions for early termination of the guarantee under specific circumstances
1. Schedule 1 - The Tenancy Agreement: Copy or key details of the underlying tenancy agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Property Details: Details of the rental property including address and description
4. Schedule 4 - Guarantee Cap Calculation (if applicable): Formula or method for calculating any cap on the guarantee amount
5. Appendix A - Form of Demand: Standard form for making demands under the guarantee
6. Appendix B - Guarantor's Details: Complete details of guarantor including financial information if relevant
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