Key Differences
| Feature | Guarantor | Indemnifier |
|---|---|---|
| Nature of Obligation | Secondary: pays only if the Tenant defaults | Primary: responsible from the outset |
| Landlord Must Sue Tenant First? | Yes, unless waived in writing | No — Landlord may proceed directly |
| Trigger for Liability | Tenant default | Any loss to Landlord related to tenancy |
| Can Rely on Tenant Defenses? | Yes — same defenses may apply | No — separate and independent liability |
| Affected by Lease Amendments? | Yes — changes without consent may void the guarantee | Less likely — generally remains valid |
| Scope of Responsibility | Often limited to rent or damages specified in the lease | Often broader — may include legal costs, damage, etc. |
Brian Madigan LL.B., Broker