The Rental Guarantor Form is a crucial document in Belgian property law, used when a landlord requires additional security beyond the standard rental deposit. This typically occurs when letting property to students, young professionals, or tenants with limited credit history. The document must comply with Belgian federal civil law and regional housing regulations (Brussels, Flanders, or Wallonia), particularly regarding maximum guarantee amounts and enforcement procedures. It outlines the guarantor's obligations, typically including rent payments, charges, and potential damages, up to a specified limit. The form is structured to protect all parties' interests while ensuring compliance with consumer protection laws when private individuals act as guarantors. It's essential for property management companies, landlords, and real estate agencies to use a properly drafted Rental Guarantor Form to ensure enforceability and clear understanding of obligations.
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1. Parties: Identification of all parties: Landlord, Tenant, and Guarantor, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the guarantee, referring to the main lease agreement and explaining why the guarantee is required
3. Definitions: Key terms used in the document, including 'Guaranteed Obligations', 'Lease Agreement', 'Rental Property', and 'Guarantee Period'
4. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee, including rent, charges, damages, and other financial obligations
5. Duration of Guarantee: Specification of when the guarantee begins and ends, including any conditions for extension or termination
6. Guarantor's Obligations: Specific commitments and responsibilities of the guarantor, including payment obligations and response times
7. Limit of Liability: Clear statement of the maximum amount the guarantor may be liable for
8. Enforcement Process: Procedure for the landlord to make a claim against the guarantee
9. Declarations and Warranties: Guarantor's confirmation of financial capacity and understanding of obligations
10. Signatures: Execution section with date and signature blocks for all parties
1. Bank Guarantee Option: Optional section for cases where a bank guarantee is provided instead of or alongside a personal guarantee
2. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, defining joint and several liability
3. Early Termination Rights: Specific conditions under which the guarantor may be released from obligations before the end of the lease
4. Property Management: Additional provisions when a property management company is involved in managing the lease
5. Language Declaration: Required for contracts in bilingual regions of Belgium, specifying the governing language of the agreement
1. Schedule 1 - Main Lease Agreement: Copy or key terms of the underlying lease agreement being guaranteed
2. Schedule 2 - Guarantor's Financial Statement: Declaration of the guarantor's financial position and capacity to meet obligations
3. Schedule 3 - Property Details: Specific details of the rental property including address and any relevant property-specific terms
4. Appendix A - Required Documents: List of documents provided by the guarantor (e.g., proof of income, identity documents)
5. Appendix B - Contact Protocol: Procedures and contact details for communications between parties
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