Lease guarantor agreement (LA/CA)
Legal advice recommended before use.
When a tenant's income or credit is thin, a guarantor (often a relative) can agree to cover the rent if the tenant doesn't. This document sets out the guaranty under California suretyship law, with the security-deposit and just-cause protections that apply to Los Angeles rentals.
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This is a template, not legal advice, and this specific California guaranty document has not yet been reviewed by a licensed California attorney. Do not rely on it, sign it, or send it to a guarantor or tenant until it has been reviewed by a California-licensed attorney familiar with Los Angeles rental law. A guaranty is a serious financial obligation for the guarantor; both landlord and guarantor should have it independently reviewed before signing.
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Frequently asked questions
Is a lease guaranty enforceable in California?
Yes. California treats guarantors and sureties the same under Civil Code § 2787, and a written lease guaranty is generally enforceable like any other contract. Because it makes someone liable for another person's debts, courts read guaranty language narrowly, so the document must clearly describe what is guaranteed.
Does the AB 12 one-month security deposit cap affect a guarantor?
The deposit cap in Civil Code § 1950.5 (as amended by AB 12) limits what the landlord can collect from the tenant as a deposit — generally one month's rent, with a narrow small-landlord exception. A separate guaranty does not let a landlord collect additional "deposit" money from the guarantor to get around that cap.
Can a guarantor waive their rights under this agreement?
California's suretyship statutes (Civil Code §§ 2845–2856) let a guarantor waive certain defenses — such as the right to require the landlord to pursue the tenant first — but only if the waiver is clear and specific. Vague or blanket waivers may not hold up, which is one reason this document needs attorney review.
Does Los Angeles's Rent Stabilization Ordinance affect the guaranty?
If the unit is covered by the LA Rent Stabilization Ordinance (LAMC § 151.00 et seq.), the county RSTPO, or the statewide Tenant Protection Act (AB 1482 / Civil Code §§ 1946.2, 1947.12), those laws govern the underlying lease — rent increases and just-cause eviction — not the guaranty itself. The guarantor is agreeing to back the tenant's obligations under whatever lawful lease terms apply.
Do I need a lawyer to use this guaranty?
Yes, before relying on it. This is a template, not legal advice, and this document has not yet been reviewed by a licensed California attorney. Have one review it — especially the suretyship-defense waivers and attorney's-fee clause — before you sign or rely on it.
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