Guarantee Rental Agreement Template for Nigeria

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Key Requirements PROMPT example:

Guarantee Rental Agreement

"I need a Guarantee Rental Agreement for a high-value commercial property in Lagos, Nigeria, where a corporate guarantor will be providing security for a 5-year lease starting March 2025, with specific provisions for quarterly financial reviews of the guarantor's standing."

Document background
The Guarantee Rental Agreement is a crucial document in Nigerian property rental transactions where additional security is required beyond the tenant's direct obligations. This document is typically used when letting high-value properties, renting to students, first-time renters, or tenants with limited credit history in Nigeria. The agreement establishes a three-way relationship between landlord, tenant, and guarantor, with the guarantor providing a legally binding commitment to fulfill the tenant's obligations if they default. The document must comply with Nigerian contract law, relevant state-specific tenancy laws, and the Recovery of Premises Act. It includes specific provisions about the scope of the guarantee, payment terms, enforcement mechanisms, and duration of the guarantee obligation. The agreement is particularly important in major Nigerian cities where rental markets are competitive and landlords seek additional security for their properties.
Suggested Sections

1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor

2. Background: Explains the context of the agreement, including reference to the main tenancy agreement and the need for a guarantee

3. Definitions: Defines key terms used throughout the agreement

4. Interpretation: Sets out rules for interpreting the agreement, including Nigerian law conventions

5. Guarantee Obligations: Details the specific obligations the Guarantor is undertaking, including scope and duration

6. Extent of Guarantee: Specifies the financial and other limits of the guarantee, including rent, damages, and other costs

7. Payment Terms: Outlines when and how the Guarantor must make payments upon default by the Tenant

8. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination

9. Guarantor's Acknowledgments: Contains specific statements the Guarantor acknowledges regarding their obligations

10. Landlord's Rights and Remedies: Details the Landlord's rights to enforce the guarantee

11. Notices: Specifies how formal communications between parties should be made

12. Governing Law and Jurisdiction: Confirms Nigerian law applies and specifies jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

Optional Sections

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

2. Corporate Guarantee Provisions: Required when the guarantor is a company rather than an individual

3. Guarantee Release Conditions: Optional section specifying conditions under which the guarantor may be released

4. Assignment and Transfer: Required if the agreement allows for assignment of the guarantee rights

5. Bank Guarantee Provisions: Required when the guarantee is backed by a bank guarantee

6. Local Language Declaration: Required when any party is not fluent in English, confirming terms have been explained

7. Stamp Duty Declaration: Required in jurisdictions where stamp duty compliance needs to be explicitly stated

8. Alternative Dispute Resolution: Optional section providing for mediation or arbitration before court proceedings

Suggested Schedules

1. Schedule 1 - The Property: Detailed description of the rental property including address and any specific inclusions/exclusions

2. Schedule 2 - The Tenancy Agreement: Copy or key terms of the underlying tenancy agreement being guaranteed

3. Schedule 3 - Guaranteed Obligations: Itemized list of all obligations covered by the guarantee

4. Schedule 4 - Guarantor's Details: Detailed information about the Guarantor including financial status and contact details

5. Appendix A - Payment Schedule: Details of rent payment dates and amounts covered by the guarantee

6. Appendix B - Guarantee Limit Calculation: If applicable, shows how any caps on the guarantee amount are calculated

7. Appendix C - Required Documents: List of documents provided by the Guarantor as evidence of ability to meet guarantee obligations

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Student Housing

Corporate Housing

Banking & Financial Services

Legal Services

Property Development

Facility Management

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Facilities Management

Contract Administration

Tenant Relations

Documentation

Housing Administration

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenancy Manager

Property Administrator

Compliance Officer

Contract Manager

Facilities Manager

Housing Officer

Lease Administrator

Risk Manager

Real Estate Director

Property Services Coordinator

Tenant Relations Manager

Legal Documentation Specialist

Industries
Nigerian Contract Law: Governs the formation and enforcement of contracts, including guarantee agreements. Based on the Common Law system and the Nigerian Contract Act.
Rent Control and Recovery of Residential Premises Laws: State-specific laws governing landlord-tenant relationships, rent determination, and recovery of premises. Each Nigerian state has its own version.
Recovery of Premises Act: Federal law governing the procedure for recovery of premises and dispute resolution between landlords and tenants.
Tenancy Law: State-specific legislation regulating landlord-tenant relationships, including rent payment, maintenance obligations, and eviction procedures.
Lagos Tenancy Law of 2011: If the property is in Lagos, this law specifically regulates tenancy relationships and includes provisions about advance rent payments and other tenant protections.
Property and Conveyancing Law: Governs real property transactions and interests in land, which may affect the underlying rental agreement.
Money Lenders Act: May be relevant if the guarantee involves financial institutions or professional guarantors, regulating terms of financial arrangements.
Evidence Act: Governs the admissibility of evidence in legal proceedings, including requirements for written contracts and their enforcement.
Illiterates Protection Act: Important for guarantee agreements where any party may be illiterate, ensuring proper explanation and documentation of terms.
Stamp Duties Act: Requires proper stamping of certain documents, including lease agreements and guarantees, to make them admissible in court.
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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