Virginia Guaranty or Guarantee of Payment of Rent

State:
Virginia
Control #:
VA-820LT
Format:
Word; 
Rich Text
Instant download

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

TERMINATING OR ENDING YOUR TENANCY If you have no written lease and you pay rent by the month, the tenancy can be terminated by either you or the landlord for any reason or no reason at all, by giving at least 30 days written notice before the next rental due date.

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.

Essentially, in the event of a tenant being unable to meet their obligations under the Tenancy Agreement contract, whether it is for overdue rent, damage to the property or whatever, the Guarantor is legally bound to accept the liabilities on behalf of the tenant.

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.

In rental property, the guarantors are also liable for any damage, cleaning costs, outstanding bills or any other tenancy related obligation - in effect they are agreeing to the obligations outlined in the tenancy agreement.

A guarantor is a third party who 'guarantees' a loan, mortgage or rental agreement. This means they agree to repay the total amount owed if the borrower or renter can't pay what they owe. By guaranteeing the agreement, you become responsible for any arrears that occur.

As a renter in Virginia, you have legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA) that include the right to: A fair application fee. A fair security deposit. A decent and safe place to live.

Quite simply, if a guarantor can technically pay, but decides they will not pay it for whatever reason, they are breaking the contract that they signed.Collateral may be taken into account if the guarantor will not pay up what is due or the lender may have a claim in their estate.

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.

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Virginia Guaranty or Guarantee of Payment of Rent