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December 9th, 2020

Guarantor Of Tenancy Agreement

If an agreement applies to other lease conditions, it is preferable for the surety to review the lease. In this way, they will be able to see exactly what commitments they guarantee. You need to think about the person who asks you to be their guarantor and decide how confident you are, that they are reliable (and all tenants) and that they behave responsibly. Can you count on you to pay the rent and keep the property in good condition? If there is damage, make it clear which objects are damaged and how much they cost to repair or replace them. If they request it, you must provide a copy of an invoice, proof or estimate. If the surety does not pay, you must file a lawsuit in the regional court in the usual way. It is very important that you read the warranty carefully to make sure you understand what you are recording. If you guarantee more than the unpaid rent, you must also read the rental agreement to find out what else you are guaranteeing. The law requires that a guarantee agreement be concluded in writing.

The agreement defines the legal obligations of the surety. In your defence, the owner did not proactively follow the arrears because he had the address of your guarantor and did not bother to ask him, at any time in the last two years, if the address he had for you was correct. To find an appropriate guarantor, it is worth referring to each potential guarantor to assess their suitability. I can`t stress how important it is for landlords to properly refer to guarantors (as they would as tenants)! It`s an aspect of being an owner that I certainly wouldn`t jump. If you don`t pay what you owe your landlord, you can ask your deposit to pay. If your deposit does not pay, your landlord can take it to court. If there are unfair conditions in your agreement, you can report the business standards to your landlord. Learn how to report on business standards. The defense of undue influence by a guarantor is more likely if: I signed in October 2012 for a period of six months, so I think the contract ended in April 2014. However, the tenant went to a monthly agreement with the landlord, who then sells the property, the new landlord has now asked me to say that I am guarantor and asks for rent arrears from me. I have stated that I am no longer the guarantor, but he does not know and continues to ask for payment of impending legal proceedings. I didn`t get the contract, but I was able to get a copy from the tenant, but he didn`t have the warranty agreement.

The contract started as the deadline was 6 months until April 2014 and the agent confirmed orally that I would only be required to guarantee for those 6 months. I found that at the end of this period, I had no correspondence from the broker or owner informing me of the termination, or that the contract had been renewed, nor was I informed of the change of ownership. What is my position on that? I saved the tenant several times as an act of kindness because he is my son, but my circumstances have changed and I am no longer full time and I am no longer able to save him. It is best to check the warranty agreement carefully and ask questions of the owner or real estate agent if something is not clear. Once the contract is signed, the bond is bound by its terms and conditions.

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