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Guaranty of Payment of Rent

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CO-SIGNER ATTACHMENT TO LEASE

This agreement for the Guaranty of Payment of Rent is entered into on this, the day of between the Lessor, and the Co-signer/Guarantor, for the guarantee by Co-signer/ Guarantor to Lessor of rent payments by the Lessee, under the Lease Agreement between Lessor and Lessee for the leased premises addressed as follows:

Said Lease Agreement is incorporated herein by reference or by attachment hereto.

Co-signer/Guarantor shall guarantee the payment to Lessor of the rental specified in the above described Lease Agreement, of $ per month, owed by Lessee. The total guaranty shall be for $ for the entire term of the lease, said term being as indicated in the above described Lease Agreement.

Co-signer/Guarantor's address is as follows:

Co-signer/Guarantor agrees and understands that if Lessee fails to timely pay rent (‘timely payment' being receipt of rent on or before the day of the month), Co-signer/Guarantor must pay same (with all attendant late charges owing up to the time of receipt of payment by Lessor) within five (5) days of Lessor placing written notice in the United States mail, postage pre-paid, addressed to Co-signer/Guarantor's above-stated address, indicating that Lessee has failed to timely pay rent. Co-signer/Guarantor understands and agrees that by entering into this Guaranty of Payment of Rent, Co-signer/Guarantor is jointly, severally and individually liable with Lessee for rent payments under the Lease agreement up to the amount of the guarantee as described above. Co-signer/Guarantor agrees that breach of said Lease Agreement shall not be triggered by Co-signer/Guarantor's failure to pay within three days of receipt of notice, but rather by Lessee's failure to timely pay rent. Payment by Co-signer/Guarantor within five (5) days of notice being placed in the mail by Lessor as described above shall be considered a cure of the Lessee's breach for non-payment of rent, and Lessor agrees not to terminate said Lease until the expiration of the five (5) day period described herein.

Co-signer/Guarantor shall deliver any payments to the Lessor at the following address:

In consideration of this Guaranty, Lessor, has agreed to grant (or agreed to continue without termination for a past breach for failure to pay rent), said Lease Agreement as described herein. Lessor reserves all rights under applicable law and under the Lease Agreement, including the right to terminate the Lease Agreement for any future failure by Lessee to timely pay rent.

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What a Guaranty of Payment of Rent Is and when it applies

A Guaranty of Payment of Rent is a written promise by a third party (the guarantor) to assume responsibility for a tenant's rent obligations if the tenant defaults. Common in commercial and multiunit residential leases, the guaranty identifies the parties, describes the scope and duration of the guarantor's liability, and sets conditions for enforcement. The document can be unconditional or limited, and may include indemnity, attorneys' fees, or termination triggers. Properly executed, it creates a direct contractual obligation that landlords can enforce against the guarantor in addition to pursuing the tenant.

Why a Guaranty of Payment of Rent matters to landlords and lenders

A guaranty gives landlords additional credit protection and a separate source of recovery if the tenant fails to pay rent. It reduces vacancy and collection risk, supports lease approval for tenants with limited operating history or weak credit, and clarifies remedies and notice procedures between parties.

Why a Guaranty of Payment of Rent matters to landlords and lenders

Who typically completes and signs this guaranty

Typical users include landlords, property managers, corporate tenants, individual guarantors, and attorneys preparing lease guaranties.

  • Corporate Guarantor: Parent company or affiliated entity providing a corporate-level guarantee for a tenant's lease obligations.
  • Individual Guarantor: An owner, investor, or principal who guarantees obligations personally.
  • Property Manager or Landlord: Uses the guaranty as part of underwriting and lease documentation.

Parties should confirm signatory authority and, where required, obtain witness or notary authentication before relying on the guaranty.

Who signs and who prepares the guaranty

Guarantor — Individual

An individual guarantor must be a natural person with capacity to contract; they should sign in their full legal name and may be asked to provide a government ID for identity verification and to support enforceability.

Guarantor — Entity

A corporate or LLC guarantor must sign through an authorized officer or agent; documentation of authority (board resolution, power of attorney) may be required to prove the signer's ability to bind the entity.

Essential data elements to include on the guaranty

Guarantor Name: Full legal name
Tenant Name: Exact lease party name
Landlord Name: Full proprietor/legal entity
Premises Address: Street, city, state, ZIP
Scope of Liability: Rent, utilities, fees
Effective Term: Start and end dates

Primary risks and legal consequences

Guarantor Liability: Personal or corporate obligation
Acceleration: Immediate rent claim possible
Collection Costs: Attorneys' fees may apply
Credit Impact: Default can affect credit
Enforceability Risk: Improper form can be invalid
Statute Limitations: State law may limit remedies

Common mistakes to avoid when preparing a guaranty

  • Using ambiguous language about the guarantor's obligations, which can create disputes about the guarantee's scope and whether it covers fees, taxes, or future rent increases.
  • Failing to identify the exact tenant and lease by date and address, making enforcement difficult when multiple leases or tenants exist.
  • Allowing an unauthorized signer for a corporate guarantor without a board resolution or power of attorney to prove authority to bind the entity.
  • Neglecting required notarization or witness signatures where state law or the lease requires them, which can undermine enforcement or create evidentiary problems.

Step-by-step: how to complete the Guaranty of Payment of Rent

Follow these steps in order to create a clear, enforceable guaranty and reduce the chance of later disputes.

  • 01
    Identify parties: Enter full legal names for guarantor, tenant, and landlord.
  • 02
    Define scope: Specify which obligations are guaranteed and any exclusions.
  • 03
    Set term: State effective date and any termination conditions.
  • 04
    Execution: Have authorized signers sign, date, and notarize if required.

How to configure an electronic workflow for this guaranty

If you plan to complete the guaranty online, configure these fields for a straightforward, auditable signing workflow.

Field Configuration
Authentication Email link with optional SMS code
Signature Order Landlord then guarantor then tenant
Expiration Set 30-day signing window
Reminders Automatic reminders at 3 and 7 days

Typical eSigning flow for a guaranty

A standard electronic signing flow reduces turnaround and preserves an audit trail for enforceability.

  • Upload document: Host the PDF or DOCX file in the signing platform.
  • Place fields: Add signature, date, and initial fields as needed.
  • Send to signers: Distribute via email or secure link in the correct order.
  • Audit trail: Platform captures timestamps, IP, and completion certificate.

Technical considerations for digital signing and storage

Confirm platform capabilities, file formats, and authentication before sending the guaranty for signature.

  • File Formats: PDF, DOCX supported
  • Authentication: Email or SMS code
  • Integrations: CRM, storage connectors

Ensure the chosen platform preserves an auditable record, supports retention requirements, and meets any industry compliance needs.

Key timing and notice deadlines to include or observe

Certain dates and notice periods are critical for enforcement and for limiting exposure; include them explicitly in the guaranty or lease.

Effective Date:

When the guaranty begins and obligations attach to the guarantor.

Notice of Default:

Specify how and when landlord must notify guarantor of tenant default.

Cure Period:

Optional time allowed for tenant to cure unpaid rent before guarantor liability accrues.

Termination Notice:

If limited, state required notice and conditions to end guaranty.

Statute of Limitations:

State-specific limitation periods may affect enforceability of claims.

Milestones from execution through enforcement

A sequential view of important stages can help parties track obligations and potential remedies.

01

Execution

Guarantor signs; document dated and delivered to landlord.

02

Lease Commencement

Tenant occupancies begin; rent obligations start.

03

Default Notice

Landlord issues notice to tenant and guarantor as specified.

04

Enforcement

Landlord pursues collection or legal remedies against tenant and guarantor.

Core clauses that define a clear, enforceable guaranty

A professional guaranty contains specific clauses that set scope, duration, conditions for liability, and remedies to reduce ambiguity and litigation risk.

Guarantor Obligation

A precise statement of the guarantor's duty to pay rent and related charges, whether primary or secondary, and whether liability is several or joint.

Scope

Defines what is guaranteed (base rent, additional rent, late charges, attorney fees) and any explicit exclusions to avoid dispute.

Duration

Specifies the effective period, whether continuing or limited, and the circumstances that terminate guarantor responsibility.

Defenses

Addresses permitted defenses for the guarantor or waivers of defenses such as notice or consent requirements from the landlord.

Indemnity

States whether the guarantor must indemnify landlord for costs arising from tenant default and clarifies scope of recoverable expenses.

Remedies

Describes remedies on default including acceleration, collection, and potential recovery of attorneys' fees where allowed by law.

Selected eSignature vendor pricing and feature snapshot for guaranty workflows

Compare starting pricing and core features relevant to signing, bulk distribution, auditability, and HIPAA support; signNow is listed first per vendor comparison convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Guaranty of Payment of Rent

Answers below address common issues about enforceability, electronic signatures, signing authority, revocation, and notarization for guaranties.


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