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Personal Guarantee Rental Agreement Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Personal Guarantee Rental Agreement is a crucial document in the Dutch rental market, commonly used when additional security is required beyond a standard rental deposit. This document is particularly relevant in situations involving student rentals, first-time tenants, or cases where the tenant's financial credentials alone may not satisfy the landlord's requirements. The agreement, governed by Dutch law, specifically the Burgerlijk Wetboek (Dutch Civil Code), must balance the landlord's need for security with consumer protection requirements for guarantors. It includes detailed provisions about the scope of the guarantee, payment obligations, enforcement procedures, and maximum liability limits. The document is designed to comply with Dutch housing regulations and consumer protection laws while providing a clear framework for all parties involved in the guarantee arrangement.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Residential Property

Commercial Property

Student Housing

Corporate Housing

Property Management

Legal Services

Housing Associations

Property Development

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Compliance

Risk Management

Housing Administration

Contracts Administration

Tenant Relations

Document Management

Relevant Roles

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

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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