Guarantee Of Lease Form Template for Philippines

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Key Requirements PROMPT example:

Guarantee Of Lease Form

"I need a Guarantee of Lease Form for a high-value commercial property in Makati City, where three corporate guarantors will jointly guarantee a 5-year lease starting January 2025, with specific step-in rights and electronic execution provisions."

Document background
The Guarantee of Lease Form is a crucial document in Philippine real estate transactions where additional security is required for lease agreements. It is commonly used when landlords seek extra protection beyond the standard lease provisions, particularly for high-value commercial properties or when dealing with tenants who have limited credit history or financial standing. The document, governed by Philippine law, specifically the Civil Code provisions on guarantees and leases, establishes a three-party relationship between the lessor, lessee, and guarantor. It's essential in situations where the landlord requires assurance of rent payment and other lease obligations, making it particularly relevant in commercial leasing, retail spaces, and significant residential properties. The guarantee typically covers all obligations under the lease, including rent payments, maintenance obligations, and potential damages, and remains effective throughout the lease term unless otherwise specified.
Suggested Sections

1. Parties: Identifies the Guarantor, the Lessor (beneficiary of the guarantee), and references to the Lessee of the underlying lease

2. Background: Describes the underlying lease agreement and explains the context for providing the guarantee

3. Definitions: Defines key terms used in the guarantee agreement, including references to the lease terms

4. Guarantee: Core section detailing the scope and nature of the guarantee, including the guarantor's obligations

5. Duration of Guarantee: Specifies the term of the guarantee and any conditions for its termination or continuation

6. Guarantor's Liability: Details the extent of the guarantor's liability and any limitations

7. Enforcement: Procedures and conditions for enforcing the guarantee

8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee

9. Notices: Requirements for serving notices under the guarantee

10. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Security Provisions: Additional security measures such as post-dated checks or security deposits, if required

2. Joint and Several Liability: Required when there are multiple guarantors

3. Assignment: Provisions regarding the ability to assign rights under the guarantee, if permitted

4. Step-In Rights: Rights of the guarantor to take over the lease in case of lessee default, if applicable

5. Automatic Extension: Provisions for automatic extension of guarantee in case of lease renewal, if agreed

6. Electronic Execution: Required if the guarantee will be executed electronically under the E-Commerce Act

Suggested Schedules

1. Schedule 1 - The Lease: Copy or key details of the underlying lease agreement being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed

3. Schedule 3 - Property Details: Description of the leased property covered by the guarantee

4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee

5. Appendix B - Guarantor's Personal Information: Required details of the guarantor including financial information if relevant

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

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Operations

Compliance

Finance

Asset Management

Facilities Management

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Leasing Manager

Asset Manager

Risk Manager

Facilities Manager

Commercial Director

Chief Financial Officer

Compliance Officer

Real Estate Agent

Tenant Relations Manager

Operations Manager

Contract Administrator

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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