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Personal Guarantee Rental Agreement
"I need a Personal Guarantee Rental Agreement under Dutch law for a student apartment rental starting March 1, 2025, where the tenant's parents will act as guarantors with a maximum liability cap of €10,000."
1. Parties: Identification of all parties: Landlord, Tenant, and Guarantor, including full legal names, addresses, and relevant registration numbers
2. Background: Context of the guarantee, referring to the main rental agreement and explaining why the guarantee is being provided
3. Definitions: Definitions of key terms used throughout the agreement, including 'Rental Agreement', 'Guaranteed Obligations', 'Property', etc.
4. Scope of Guarantee: Clear definition of what obligations are being guaranteed, including rent, service charges, damages, and other potential liabilities
5. Duration of Guarantee: Period for which the guarantee remains valid, including start date and any termination conditions
6. Guarantor's Obligations: Detailed description of the guarantor's responsibilities and the extent of their liability
7. Maximum Liability: Specification of any caps on the guarantor's liability, as required under Dutch law
8. Payment Terms: Procedures and timeframes for payment demands and how payments should be made
9. Enforcement: Circumstances under which the guarantee can be enforced and the process for doing so
10. Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and authority to provide the guarantee
11. Notices: How and where formal communications between parties should be sent
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Early Termination Rights: Optional provisions for early termination of the guarantee, used when parties want to include specific exit conditions
2. Additional Guarantor Protections: Extra protections for the guarantor beyond statutory requirements, used in cases where the guarantor negotiates additional safeguards
3. Counter-Indemnity: Provisions for the tenant to indemnify the guarantor, used when there's an agreement between tenant and guarantor for reimbursement
4. Step-In Rights: Rights for the guarantor to take over the tenant's position, used in commercial contexts or high-value residential leases
5. Guarantee Release Conditions: Specific conditions under which the guarantor can be released from obligations, used when parties agree to potential future release scenarios
1. Schedule 1 - Referenced Rental Agreement: Copy or key details of the main rental agreement being guaranteed
2. Schedule 2 - Guaranteed Amounts: Detailed breakdown of the specific amounts or obligations covered by the guarantee
3. Schedule 3 - Property Details: Description and details of the rental property
4. Appendix A - Required Notices: Standard form notices for payment demands or enforcement actions
5. Appendix B - Guarantor's Financial Statement: If required, summary of guarantor's financial position (particularly for high-value guarantees)
Authors
Real Estate
Residential Property
Commercial Property
Student Housing
Corporate Housing
Property Management
Legal Services
Housing Associations
Property Development
Hospitality
Legal
Real Estate
Property Management
Leasing
Compliance
Risk Management
Housing Administration
Contracts Administration
Tenant Relations
Document Management
Property Manager
Real Estate Agent
Legal Counsel
Housing Officer
Tenancy Administrator
Contract Manager
Rental Coordinator
Compliance Officer
Risk Manager
Leasing Manager
Property Administrator
Housing Association Manager
Student Housing Coordinator
Corporate Housing Manager
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