Companies that rent or lease real estate often require a payment guarantee beyond their prospective tenant's word. A guarantor, also known as a co-signer, assumes legal responsibility for paying a person's rent in the event that he cannot or does not do so himself. In some cases, writing a guarantor's letter is as simple as signing a legal statement prepared by the landlord or filling out a form; however, there are situations in which the guarantor must write her own letter. The guarantor is responsible for stating under what conditions she will assume liability for the tenant's rent, as well as any other circumstance governing the agreement.
Assess the terms of the lease. Specifically, look for any liabilities the landlord assigns to the tenant, such as pet damage, damage from natural disasters or other expenses. Also, note the amount due in rent each month, the date on which it is due, and any parameters relating to penalties. These will become your liabilities in the event that the tenant does not cover them. Treat the lease as if you are the tenant.
Determine the responsibilities you are willing to assume. Writing the guarantor's letter is your decision and you should only agree to it if you agree to every instance of the lease itself. Take note of any emendations you want the landlord to make before you agree to guarantee the tenant's rent.
Discuss the guarantee with the landlord and tenant. At a meeting or via other means, reach an agreement regarding the terms of the lease or rental agreement. Ask the landlord for any necessary clarification and to address your concerns. Once all parties are satisfied, begin drafting the guarantor's letter.
Identify yourself clearly by stating who you are, how you know the tenant and to what you are agreeing. Some firms only accept rent guarantees from certain people, such as the tenant's parent; if necessary, state how you are eligible to guarantee the tenant and how you will cover her obligations when they are due.
Enumerate the conditions of your guarantee. Even if they are in the lease, reiterate them in your own words for clarity. Including the terms to which you agree in your letter of guarantee documents your interpretation of the lease or rental agreement, which could help you argue a legal case should a dispute arise.
Detail your responsibilities, as well as factors for which you are not responsible. As a legal safeguard, stating occurrences for which you are not responsible makes the conditions of your guarantee as specific as possible. Such specificity would decrease the likelihood of you being held liable for a cost that you did not agree to cover if the tenant did not do so. After clearly stating your duties as the guarantor, edit and proofread the document, then sign it in blue ink.
Writing a guarantor's letter could be as simple as completing a form or signing a prepared statement, but give the process due diligence.
Tips and warnings
- Writing a guarantor's letter could be as simple as completing a form or signing a prepared statement, but give the process due diligence.