Lease Guarantee
This Lease Guarantee (the "Guarantee") is made and entered into as of [Effective Date] by [Guarantor Name] (the "Guarantor"), residing at [Guarantor Address], for the benefit of [Landlord Name] (the "Landlord"), located at [Landlord Address], in connection with that certain lease agreement by and between the Landlord and [Tenant Name] (the "Tenant") for the [Property Type] located at [Property Address] (the "Premises").
1. RECITALS.
WHEREAS, the Landlord and the Tenant have entered into or intend to enter into a lease agreement (the "Lease") for the Premises with a monthly rent of $[Monthly Rent] and a security deposit of $[Security Deposit], commencing on [Lease Start Date] and expiring on [Lease End Date]; and
WHEREAS, the Landlord requires a guarantee of the Tenant's obligations under the Lease as a condition of entering into the Lease; and
WHEREAS, the Guarantor, who is the Tenant's [Guarantor Relationship], has agreed to guarantee the Tenant's obligations under the Lease to induce the Landlord to enter into the Lease with the Tenant;
NOW, THEREFORE, in consideration of the Landlord entering into the Lease with the Tenant, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor agrees as follows:
2. GUARANTEE OF OBLIGATIONS.
The Guarantor hereby unconditionally and irrevocably guarantees to the Landlord the full, faithful, and punctual performance by the Tenant of all obligations, covenants, and conditions under the Lease, including but not limited to the payment of rent, late fees, damages, and any other sums due under the Lease. The scope of this guarantee is: [Guarantee Limit]. This Guarantee is a guarantee of payment and performance, not merely of collection, and the Landlord shall not be required to first pursue any remedy against the Tenant before enforcing this Guarantee against the Guarantor.
3. DURATION OF GUARANTEE.
This Guarantee shall be effective for the entire term of the Lease, from [Lease Start Date] through [Lease End Date], and shall extend to any holdover period during which the Tenant remains in possession of the Premises. If the Lease is renewed, extended, or modified, this Guarantee shall automatically apply to the renewed, extended, or modified Lease unless the Guarantor provides written notice of revocation at least sixty (60) days prior to the commencement of any renewal or extension period.
4. WAIVERS BY GUARANTOR.
The Guarantor hereby waives: (a) notice of acceptance of this Guarantee; (b) notice of any default by the Tenant under the Lease; (c) demand for payment or performance from the Tenant; (d) any right to require the Landlord to proceed against the Tenant or any security before proceeding against the Guarantor; (e) any defense based on the Landlord's modification of the Lease terms, extension of time for payment, or release of any security; and (f) any other defense that might otherwise be available to a guarantor under applicable law, to the fullest extent permitted by law.
5. LANDLORD'S REMEDIES.
Upon any default by the Tenant under the Lease, the Landlord may proceed directly against the Guarantor without first exhausting any remedies against the Tenant. The Guarantor shall be liable for all costs and expenses, including reasonable attorneys' fees, incurred by the Landlord in enforcing this Guarantee. The Guarantor's obligations under this Guarantee shall not be affected by any bankruptcy, insolvency, reorganization, or similar proceeding involving the Tenant.
6. SEVERABILITY.
If any provision of this Guarantee is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
7. ENTIRE AGREEMENT.
This Guarantee constitutes the entire agreement between the Guarantor and the Landlord with respect to the guarantee of the Tenant's obligations under the Lease and supersedes all prior negotiations, representations, and agreements relating thereto.
8. GOVERNING LAW.
This Guarantee shall be governed by and construed in accordance with the laws of the State of [Governing State], without regard to its conflict of laws principles. Any legal action arising out of this Guarantee shall be brought in the courts of competent jurisdiction in the State of [Governing State].
9. NOTICES.
All notices required or permitted under this Guarantee shall be in writing and delivered to: Guarantor at [Guarantor Address] or [Guarantor Email]; Landlord at [Landlord Address]; Tenant at the Premises or [Tenant Email]. Notices shall be deemed delivered upon personal delivery, one (1) business day after deposit with an overnight courier, or upon confirmed email transmission.
IN WITNESS WHEREOF, the undersigned have executed this Lease Guarantee as of the date first written above.
GUARANTOR:
Name: [Guarantor Name]
Phone: [Guarantor Phone]
Email: [Guarantor Email]
Date: [Guarantor Sign Date]
ACKNOWLEDGED BY TENANT:
Name: [Tenant Name]
Phone: [Tenant Phone]
Date: [Tenant Sign Date]
ACKNOWLEDGED BY LANDLORD:
Name: [Landlord Name]
Phone: [Landlord Phone]
Date: [Landlord Sign Date]
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Lease Guarantee?
A Lease Guarantee in the United States records the terms on which a tenant occupies premises, including payment, repairs and notice requirements. It records the rental price, deposit, term, maintenance duties, and notice periods between landlord and tenant.
The Statute of Frauds requires all guaranty agreements to be in writing and signed by the guarantor. Under UCC Section 2-201 and its common law equivalent, an oral promise to pay another's debt is unenforceable. This writing requirement applies regardless of the amount involved and cannot be satisfied by email exchanges or text messages in most jurisdictions, though some states have adopted electronic signature statutes that may validate digital execution.
Lease guaranties may be structured as absolute or conditional. An absolute guaranty (also called an unconditional guaranty) allows the landlord to proceed directly against the guarantor upon the tenant's default without first pursuing the tenant or exhausting other remedies. A conditional guaranty requires the landlord to take specific actions, such as obtaining a judgment against the tenant, before demanding payment from the guarantor. The distinction significantly affects the landlord's enforcement timeline and the guarantor's risk exposure.
When Do You Need a Lease Guarantee?
A Lease Guarantee in the United States is required when landlords determine that the prospective tenant has insufficient credit history, limited operating history for a new business, or inadequate financial resources to demonstrate ability to pay rent throughout the lease term. Commercial landlords routinely require personal guaranties from the principals of newly formed LLCs or corporations, because the entity itself has no credit history or substantial assets.
Parents guaranteeing their adult child's first apartment lease is one of the most common residential guaranty scenarios. The guaranty assures the landlord that rent will be paid if the young tenant encounters financial difficulties, and it may be the deciding factor in the landlord's approval of the application.
Commercial tenants whose corporate entity has limited net worth or is a single-purpose entity formed specifically to hold the lease need a guarantor, typically the business owner or parent company, to provide the landlord with a creditworthy party to pursue in the event of default. In multi-unit franchise operations, the franchisor may require the franchisee to provide a personal guaranty on the unit lease.
Subtenants in sublease arrangements may need a guarantor when the subtenant's creditworthiness does not meet the prime landlord's standards. The guaranty supplements the primary tenant's continuing obligation under the master lease and provides the landlord with an additional source of recovery.
What to Include in Your Lease Guarantee
The scope of the guaranty must define exactly which tenant obligations the guarantor assumes. A full guaranty covers all monetary and non-monetary obligations including rent, additional rent (operating expenses, taxes, insurance pass-throughs), damages for breach, holdover rent, and the landlord's costs of enforcement including attorneys' fees. A limited guaranty may cap the guarantor's exposure at a specific dollar amount or limit coverage to rent obligations only.
The duration provision specifies whether the guaranty covers the entire lease term including renewals and extensions, or terminates at a specific date or event. A continuing guaranty remains in effect until the tenant's obligations are fully satisfied, while a limited-term guaranty expires regardless of outstanding obligations. If the lease is amended to increase rent or extend the term, the guaranty should address whether the guarantor's consent is required for the expanded obligation.
Waiver provisions are critical to enforceability. The guarantor should waive the defenses of diligence (requiring the landlord to pursue the tenant first), notice of default (requiring the landlord to notify the guarantor of each tenant breach), and marshaling of assets (requiring the landlord to exhaust tenant assets before claiming against the guarantor). Under the Restatement (Third) of Suretyship Section 48, these waivers must be explicit.
Notice requirements should specify whether the landlord must notify the guarantor of tenant defaults, lease modifications, or the exercise of remedies. Even with broad waiver language, many courts require the landlord to provide the guarantor with notice of the tenant's default before commencing action against the guarantor.
The guarantor's right to cure the tenant's default should be addressed, including the cure period, the manner of cure, and whether the guarantor may step into the tenant's position (subrogation) after satisfying the landlord's claim. The guaranty should also state the guarantor's obligation to pay the landlord's costs of enforcement, including court costs and reasonable attorneys' fees.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Lease Guarantee (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/real-estate/leases/lease-guarantee
"Lease Guarantee (United States)." Forms Legal, 2026, https://forms-legal.com/usa/real-estate/leases/lease-guarantee.
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author = {{Forms Legal}},
title = {Lease Guarantee (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/real-estate/leases/lease-guarantee}},
note = {Free legal document template. Based on Uniform Residential Landlord and Tenant Act}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, a properly executed Lease Guarantee is legally binding in United States when it meets the formal requirements established by applicable local law.
A valid Lease Guarantee in United States requires: (1) legal capacity of the parties, (2) free and informed consent, (3) a lawful purpose, and (4) compliance with any formal requirements specified by local legislation.
While not always legally required, consulting a lawyer in United States is recommended to ensure compliance with all applicable laws and regulations.
In United States, electronic signatures are generally recognized for most contracts. However, certain types of documents may require wet signatures or notarization. Check local requirements.
Breach of a Lease Guarantee in United States may result in damages, specific performance, or injunctive relief. The aggrieved party can seek remedies through the competent courts.
Yes, electronic signatures are legally valid under the E-SIGN Act (15 U.S.C. 7001) and the Uniform Electronic Transactions Act (UETA) adopted by most states.
The non-breaching party may seek remedies including compensatory damages, specific performance, injunctive relief, or termination. Remedies vary by state law.
Notarization requirements depend on the document type and state law. While not always required, notarization adds authentication and may be necessary for government filing.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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