Oregon Guaranty or Guarantee of Payment of Rent

State:
Oregon
Control #:
OR-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

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 lease guarantee is an official agreement signed by the landlord, tenant, and in addition, a third party who meets the monetary requirements of the landlord. A lease guarantor serves as a financial intermediary and is responsible for the tenant's defaults, which protects the tenant from eviction.

Does being a guarantor affect my credit rating? Providing the borrower keeps up with their repayments your credit score won't be affected. However, should they fail to make their payments and the loan/mortgage falls into default, it will be added to your credit report.

Business owners are often required to give a personal guarantee to get a business loan or to lease commercial space for their business. Most business advisors say you should keep business and personal financial matters separate, and the loan is for the business, not for the individual.

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.

The cosigner, simply by signing on to the debt, is liable for the debt without the creditor needing to to take any additional actions. The guarantor is only liable for the debt after the creditor has exhausted all other options of collections from the original borrower.

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.

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. '

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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Oregon Guaranty or Guarantee of Payment of Rent