| name | lease-guaranty |
| title | Lease Guaranty |
| description | Drafts unconditional guaranty agreements for commercial lease obligations, maximizing landlord protection with enforceable payment-and-performance guarantees. Use when securing personal or corporate guarantees alongside commercial leases, preparing continuing guaranty documents, or drafting guarantor waiver and liability provisions. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/lease-guaranty |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
Lease Guaranty
Drafts an unconditional guaranty of payment and performance for commercial lease obligations. Ensures enforceability by covering guarantor obligations, waivers, duration, remedies, and execution formalities.
Prerequisites
Gather before drafting:
- Underlying lease — date, premises, rent, term, renewal options, special provisions (CAM, TI, percentage rent)
- Parties — exact legal names, entity types, formation jurisdictions, addresses for landlord, tenant, and guarantor
- Scope — full term vs. initial term only, liability cap (if any), joint and several (if multiple guarantors)
- Jurisdiction — notarization rules, anti-deficiency statutes, one-action rules, community property considerations
Document Structure
| Section | Key Content |
|---|
| Preamble | All parties with exact names matching lease |
| Recitals | Lease reference, landlord's rationale, guarantor's relationship to tenant, inducement |
| Core Guaranty | Unconditional, irrevocable guarantee of all payment and performance obligations |
| Absolute Nature | Survives modifications, bankruptcy, forbearance, collateral changes, assignments |
| Waivers | Suretyship defenses, subrogation, marshaling, notice requirements |
| Representations | Capacity, authority, financial adequacy, independent investigation |
| Duration & Survival | Continuing guaranty; renewals/extensions treatment; post-termination obligations |
| Remedies | Default triggers, enforcement rights, interest, payment application |
| Governing Law | Jurisdiction, venue, service of process, jury trial waiver |
| Execution | Signatures, entity authority, notarization, spousal consent |
| Boilerplate | Severability, integration, amendment, counterparts, e-signatures |
Core Workflow
1. Draft Guaranty Obligations
Explicitly guarantee each:
