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West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner

State:
West Virginia
Control #:
WV-841LT
Format:
Word; 
Rich Text
Instant download

Description

This Guaranty Attachment to Lease for Guarantor or Cosigner is a document in which a third party "co-signs" a lease. This third party agrees to guaranty the payment of rent under the lease and obligates that third party to pay any unpaid rent for tenant.


A guaranty is a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the guaranty (guarantor).

Definition and meaning

The West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner is a legal document that provides a guarantee by a cosigner or guarantor for the payment of rent by a lessee. This attachment is typically appended to the primary lease agreement, reinforcing the obligation of the cosigner to ensure that rental payments are made on time. In cases of default by the lessee, the cosigner is directly responsible for fulfilling the payment obligations outlined in the lease.

How to complete a form

To complete the West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner, users should follow these steps:

  1. Enter the date of the agreement.
  2. Provide the names and addresses of the lessor, lessee, and guarantor or cosigner.
  3. Specify the monthly rent amount and total guarantee amount.
  4. Indicate the address where the lessor may receive payments.
  5. Ensure all parties sign and date the form at the bottom.

It’s essential to carefully read all terms and conditions outlined in the form to fully understand the obligations and rights being granted.

Who should use this form

This form is recommended for individuals who are either renting property in West Virginia or are required to act as a guarantor or cosigner for another person's lease. Typically, it is suitable for:

  • Students looking to rent off-campus housing.
  • Individuals with insufficient credit history.
  • Parents or guardians assisting their children with housing.
  • Anyone needing to secure a rental agreement by providing a guarantee for payment.

Key components of the form

The main components of the West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner include:

  • Parties involved: Names and addresses of the lessor, lessee, and guarantor.
  • Rental details: The specific amount of rent and total guarantee commitment.
  • Payment terms: Conditions under which the guarantor must make payments and the timeframe for doing so.
  • Signature lines: Areas where all parties must sign and date the agreement.

Benefits of using this form online

Utilizing the West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner online offers several advantages:

  • Convenience: Easily access and complete the form at any time.
  • Time-saving: Digital forms can be quickly filled out, printed, and signed.
  • Accessibility: Helps ensure that users have the latest legal language and options tailored to West Virginia law.
  • Documentation: Streamlined process for saving and storing important documents.

Common mistakes to avoid when using this form

Common pitfalls to watch for while completing the attachment include:

  • Failing to include all required signatures and dates.
  • Misstating the rental amount or total guarantee.
  • Not providing accurate addresses for all parties.
  • Ignoring specific payment conditions and timelines outlined in the document.

Reviewing the form for completeness and accuracy before submission is vital to avoid these issues.

How to fill out West Virginia Guaranty Attachment To Lease For Guarantor Or Cosigner?

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FAQ

Co-signers have equal responsibility for payment of monthly rental costs, while a guarantor is generally sought for payment only when the primary signer is unable to make the rental payment.

Business owners are often required to give a personal guarantee to get a business loan or to lease commercial space for their business. Most business advisors say you should keep business and personal financial matters separate, and the loan is for the business, not for the individual.

A co-signer, on the other hand, will usually have their name on the title of the home or automobile. Guarantors are usually liable for default only when the lender has done everything possible to get the primary borrower to make the payments.

Guarantors sign the lease and are responsible for the payments under the law, but they don't occupy the apartment nor are they entitled to occupy it.

Some landlords don't accept co-signers for their apartments, so you are not guaranteed an apartment if you have a co-signer. In addition, your co-signer is taking on a fair amount of risk by consenting to be monetarily responsible for your lease.

Note that the guarantor must always see and approve the tenancy agreement before he signs this is not a problem if the guarantee is part of the tenancy agreement.A guarantor cannot be forced to pay up in respect of a tenancy agreement he has never seen.

The cosigner, simply by signing on to the debt, is liable for the debt without the creditor needing to to take any additional actions. The guarantor is only liable for the debt after the creditor has exhausted all other options of collections from the original borrower.

The Basics: A Co-signor is part owner of the property, may or may not live in the property and is responsible for the debt repayment. A Guarantor is responsible for the debt repayment if the borrower (applicant) is unable to pay but has no benefits of owning any part of the property.

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West Virginia Guaranty Attachment to Lease for Guarantor or Cosigner