Commercial Lease Guaranty Template

This Commercial Lease Guaranty (“Guaranty”) is made as of [Date], by and between:

Landlord: [Landlord Full Legal Name], of [Address]

Tenant: [Tenant Full Legal Name], of [Address]

Guarantor: [Guarantor Full Legal Name], of [Address]

1. Lease Information

This Guaranty relates to the following lease:

Lease Date: [Lease Date]
Landlord: [Landlord Name]
Tenant: [Tenant Name]
Premises: [Property Address / Suite / Description]
Lease Term: [Start Date] to [End Date]

Any amendment, extension, renewal, assignment, or related lease document covered by this Guaranty is described as follows:

[Describe related lease documents or write “None”]

2. Guaranty of Lease Obligations

For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Guarantor absolutely and unconditionally guarantees to Landlord the full and timely payment and performance of Tenant’s obligations under the lease.

The obligations covered by this Guaranty include, unless limited below:

• base rent;

• additional rent;

• operating expenses or pass-through charges;

• late fees, interest, and charges allowed under the lease;

• repair or restoration obligations;

• damages arising from default;

• attorney fees and enforcement costs to the extent allowed by the lease or law; and

• any other lease obligation expressly stated in the lease.

3. Scope of Guaranty

This Guaranty is:

☐ Unlimited and continuing
☐ Limited to the following obligations only: [Describe]
☐ Limited to a maximum amount of: [Dollar Amount]
☐ Limited in time through: [Date or event]
☐ Subject to the following burn-off, release, or reduction terms: [Describe]

If no limit is stated above, this Guaranty shall apply to all obligations of Tenant under the lease until fully performed.

4. Nature of Liability

Guarantor’s liability under this Guaranty is:

☐ Primary and direct
☐ Joint and several with Tenant, to the extent allowed by law
☐ Secondary only after Landlord proceeds against Tenant, if expressly stated here: [Describe]

Unless otherwise stated in this Guaranty, Landlord is not required to first demand payment from Tenant, file suit against Tenant, exhaust remedies against Tenant, or pursue the leased premises before enforcing this Guaranty against Guarantor.

5. Continuing Guaranty

This Guaranty is a continuing guaranty and shall remain in effect despite:

• amendments, extensions, renewals, or modifications of the lease;

• assignment or sublease by Tenant, if permitted and unless Landlord expressly releases Guarantor in writing;

• waiver, consent, delay, or forbearance by Landlord;

• changes in the amount of rent or other lease obligations, if allowed under the lease or later agreed; and

• bankruptcy, insolvency, reorganization, or similar proceedings involving Tenant.

Any exception to the continuing nature of this Guaranty is as follows:

[Describe or write “None”]

6. Guarantor Waivers

To the extent allowed by law, Guarantor waives:

• notice of acceptance of this Guaranty;

• notice of Tenant’s default, except as expressly required below;

• demand, protest, presentment, and other similar notices;

• any requirement that Landlord first proceed against Tenant or the leased premises; and

• any defense based solely on extensions, renewals, modifications, or indulgences granted to Tenant, unless this Guaranty expressly states otherwise.

Any notice Landlord must still provide is as follows:

[Describe or write “None”]

7. Landlord Remedies

If Tenant defaults under the lease, Landlord may enforce this Guaranty and pursue any remedy available under the lease, this Guaranty, or applicable law.

Landlord may recover from Guarantor any amounts due and any damages resulting from Tenant’s default to the extent covered by this Guaranty.

The rights of Landlord under this Guaranty are cumulative and may be exercised separately or together.

8. Reinstatement

If any payment made by Tenant or Guarantor is later avoided, returned, set aside, or required to be repaid because of bankruptcy, insolvency, fraudulent transfer, or similar reason, Guarantor’s liability under this Guaranty shall be reinstated to the extent of that returned or avoided payment.

9. Financial Information and Cooperation

Upon reasonable request by Landlord, Guarantor shall provide financial or contact information reasonably related to evaluating or enforcing this Guaranty, to the extent allowed by law and any applicable confidentiality obligations.

Any specific reporting requirement is as follows:

[Describe or write “None”]

10. No Release Except in Writing

Guarantor shall not be released from this Guaranty except by a written release signed by Landlord.

A transfer of the property, a lease amendment, acceptance of partial payment, or delay in enforcement does not release Guarantor unless Landlord expressly agrees in writing.

11. Subrogation and Reimbursement

Until all obligations guaranteed by this Guaranty have been fully paid and performed, Guarantor shall not assert against Tenant any right of subrogation, reimbursement, contribution, indemnity, or recovery that would impair Landlord’s rights, unless Landlord consents in writing or applicable law requires otherwise.

12. Representations of Guarantor

Guarantor represents that:

• Guarantor has authority to enter into this Guaranty;

• Guarantor has reviewed the lease or had the opportunity to review it;

• Guarantor understands the obligations being guaranteed;

• this Guaranty is entered into voluntarily; and

• the execution of this Guaranty does not knowingly violate another binding agreement applicable to Guarantor.

13. Notices

Any notice required under this Guaranty must be in writing and sent to the addresses below, or to any updated address later provided in writing.

For Landlord:
Name: [Name]
Address: [Address]
Email: [Email Address]

For Tenant:
Name: [Name]
Address: [Address]
Email: [Email Address]

For Guarantor:
Name: [Name]
Address: [Address]
Email: [Email Address]

Notice is effective upon:

☐ Personal delivery
☐ Confirmed email delivery
☐ Certified mail
☐ Recognized courier
☐ Other: [Describe]

14. Governing Law

This Guaranty shall be governed by the laws of [State/Country], except to the extent mandatory commercial leasing, guaranty, or bankruptcy law applies.

15. Entire Agreement

This Guaranty contains the complete understanding of the parties regarding the guaranty of the lease obligations described above and supersedes prior oral and written discussions on that subject.

Any amendment to this Guaranty must be in writing and signed by the parties required to be bound.

16. Signatures

Landlord:

Signature: __________________________
Name: [Full Name]
Title: [Title]
Company: [Landlord Name, if applicable]
Date: [Date]

Tenant, if signing for acknowledgment only:

Signature: __________________________
Name: [Full Name]
Title: [Title]
Company: [Tenant Name, if applicable]
Date: [Date]

Guarantor:

Signature: __________________________
Name: [Full Name]
Date: [Date]

Additional Guarantor, if applicable:

Signature: __________________________
Name: [Full Name]
Date: [Date]

17. Optional Notary Acknowledgment

State of [State]
County of [County]

On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer], known to me or satisfactorily proven to be the person whose name is subscribed to this document, and acknowledged that they executed it for the purposes stated herein.

Notary Public Signature: __________________________
Printed Name: [Notary Name]
My Commission Expires: [Date]
Notary Seal: __________________________