Identify who is making the promise
Confirm the legal name of the proposed guarantor and the capacity in which each person signs. Compare the guaranty to the tenant entity information. Keep signature pages attached to the exact document they belong to, rather than relying on detached pages from an email chain.
Define scope and duration
Ask whether the guaranty covers rent only or other obligations, whether there is a dollar cap, and whether it expires or reduces after a stated event. Review the treatment of renewals, extensions, amendments, assignments, and a change in tenant ownership. Record negotiated limits clearly for the drafting attorney.
Compare related documents
Check whether the lease and guaranty use the same premises description, tenant name, dates, defined terms, and referenced obligations. Identify any separate release, side letter, or amendment that may affect the guaranty. A short clause inside the lease and a separate instrument may need to be reconciled.
Maintain a usable enforcement file
Preserve the executed guaranty, amendments, relevant notices, ledger, and communications concerning extensions or releases. When a default occurs, tell counsel what changed after signing. This checklist identifies review topics; whether a particular promise is enforceable requires the actual documents and facts.
Prepare for your conversation
Sources & further reading
Shipp Law landlord representation ↗Source links checked during preparation on November 4, 2026. Statutes, lease terms, court orders, and the facts of a particular matter must be reviewed together.
