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Personal Guarantee Rental Agreement Template for South Africa

A comprehensive legal document governed by South African law that combines a rental agreement with a personal guarantee, establishing the terms and conditions for both the lease of property and the guarantee of rental payments. The agreement complies with the Rental Housing Act and National Credit Act, providing protection for landlords through a third-party guarantee while clearly defining the obligations of tenants and guarantors. It includes detailed provisions for default scenarios, payment terms, and enforcement mechanisms, all within the South African legal framework.

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What is a Personal Guarantee Rental Agreement?

The Personal Guarantee Rental Agreement is a specialized legal instrument used in South African property transactions where additional security is required beyond a standard lease agreement. This document is typically employed when a landlord seeks extra assurance of rental payment and lease obligation fulfillment, particularly in cases involving first-time tenants, students, or tenants with limited credit history. The agreement combines elements of both rental law and guarantee provisions, ensuring compliance with the Rental Housing Act 50 of 1999 and the National Credit Act 34 of 2005. It establishes a three-way legal relationship between landlord, tenant, and guarantor, with the guarantor assuming financial responsibility if the tenant defaults on their obligations. The document is structured to protect all parties' interests while providing clear enforcement mechanisms within the South African legal system.

What sections should be included in a Personal Guarantee Rental Agreement?

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

2. Background: Explains the context of the rental agreement and the need for a personal guarantee

3. Definitions: Defines key terms used throughout the agreement

4. Primary Lease Terms: Summarizes the main terms of the underlying lease agreement including rental amount, duration, and property details

5. Guarantee Obligations: Details the extent and nature of the guarantee, including the guarantor's specific obligations

6. Duration of Guarantee: Specifies how long the guarantee remains in effect

7. Payment Terms: Outlines when and how the guarantor must make payments if the tenant defaults

8. Default Provisions: Describes what constitutes a default and the consequences thereof

9. Guarantor's Warranties: Statements and promises made by the guarantor regarding their financial status and ability to pay

10. Landlord's Rights and Remedies: Sets out the landlord's rights in case of default and methods of enforcement

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

12. Governing Law: Confirms South African law governs the agreement

13. Dispute Resolution: Describes the process for resolving disputes between parties

14. General Provisions: Standard contractual terms including severability, entire agreement, and amendments

What sections are optional to include in a Personal Guarantee Rental Agreement?

1. Joint and Several Liability: Used when there are multiple guarantors who need to be jointly and severally liable

2. Limit of Guarantee: Include when the guarantee is to be capped at a specific amount

3. Early Termination Rights: Include when the guarantor has the right to terminate the guarantee under specific circumstances

4. Property Maintenance Obligations: Used when guarantor also guarantees tenant's obligations regarding property maintenance

5. Additional Security: Include when additional forms of security (such as deposits) are provided alongside the guarantee

6. Change of Parties: Include when there's a possibility of the landlord or tenant changing during the lease period

7. Insurance Requirements: Used when specific insurance obligations are being guaranteed

What schedules should be included in a Personal Guarantee Rental Agreement?

1. Schedule A - Property Description: Detailed description of the rental property including address and inventory

2. Schedule B - Rental Payment Schedule: Detailed breakdown of rent amounts, due dates, and escalation terms

3. Schedule C - Guarantor's Financial Information: Financial statements or proof of income of the guarantor

4. Schedule D - Original Lease Agreement: Copy of the main lease agreement being guaranteed

5. Appendix 1 - Condition Report: Detailed report of the property's condition at the start of the lease

6. Appendix 2 - Proof of Identity: Copies of identity documents for all parties

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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