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Indiana Guaranty or Guarantee of Payment of Rent

Category:
Landlord Tenant - Guaranty
State:
Indiana
Control #:
IN-820LT
Format:
Word; 
Rich Text
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Description

This Guaranty or Guarantee of Payment of Rent contract is an agreement between a guarantor for the tenant and the tenant's landlord. The guarantor agrees to pay the rent if the tenant is not able to pay. The guaranty contract sets out the details of this agreement, the trigger for the guarantor's payment, etc.

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).

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FAQ

Typically, a guarantor is anyone with a good credit history and stable income. They can be family members, friends, or colleagues who trust you and agree to cover your rent in case of default. It's crucial that your guarantor understands their responsibilities under the Indiana Guaranty or Guarantee of Payment of Rent. Make sure to discuss this thoroughly before proceeding.

Unfortunately, if you have signed the loan agreement and the loan has been successfully paid out, you cannot stop being someone's guarantor. So the answer is simply, 'no. '

Landlords often require a personal or corporate lease guarantee, a separate document executed simultaneously with the lease, which makes the guarantor liable for the tenant's defaults.Landlords want an unconditional and unlimited guarantee, holding the guarantor liable for all of the tenant's defaults.

What is a Personal Guarantee? A personal guarantee is a written promise from a guarantor (business owner or other person) guaranteeing commercial lease payments in the event the business does not pay. In the event of non-payment the landlord can go after the guarantor personally for payment.

A lease guaranty is a separate contract under which a third party guarantor agrees to meet the obligations of the Tenant to the Landlord.If the Tenant fails to pay rent, the Landlord can recover the arrears from the guarantor, usually before seeking damages from Tenant.

A guarantor on an apartment lease agrees to pay the rent if the tenant can't.The landlord can evict the tenant and initiate collection action against the guarantor. This may include a lawsuit, negatively affecting the guarantor's credit.

A guaranty of lease is a covenant by the guarantor to be responsible for the obligations of the tenant.In these examples, a selective landlord would not enter into the lease without the tenant offering a creditworthy guarantor.

If the Deed of guarantee contains a termination provision (allowing the guarantor to withdraw on say two months' notice)- the provision can allow the termination during the fixed term. If any term of the tenancy changes (e.g. rent increase) the guarantee will automatically come to an end.

Yes, a guarantor to a loan can sue the principal debtor if he defaults and the guarantor had to pay on his behalf.

It's very common for a guarantee to last as long as the tenancy lasts. So, if the tenant remains in the property for four years, you will continue to be responsible for any arrears or damages during that entire period. Most tenancies will run for a fixed term and will then continue on a month-by-month basis.

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