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).
South Carolina Guaranty or Guarantee of Payment of Rent
Category:
State:
South Carolina
Control #:
SC-820LT
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Word;
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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.
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FAQ
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.
While a co-signer is responsible for the rent at the moment it is due, a guarantor only has to pay once the person on the agreement fails to do so. A guarantor won't have any right to live in the apartment "because you are only going to be liable for anything if the tenant stops paying," says Cohen.
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.
Rolling guaranty: this can be a 12 month, 24 month or some other number of months, rolling guaranty. It means that the total exposure is the number of months regardless of how many months are remaining in the lease (unless the remaining months are less than the rolling months.
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.
When The Lease Is Up When having a guarantor on the lease, the best way to be able to have him removed as soon as possible is to set a good payment record with the landlord.
The Court finds that the Guaranty is not an executory contract and hence the Motion is denied as to the Guaranty.
Another form of limited guarantee is sometimes referred to as a floating guarantee, which means that you are personally responsible for a certain sum of money or a certain number of months rent after a default. For example, your liability might be capped at one year's rent.
