North Carolina Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord

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US-OL4A024BC
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Description

This office lease provision states that the guarantor's liability is not affected or impaired by any delay by or failure of the landlord in enforcing any of its rights or remedies under the lease or at law, or by any deferral, waiver, or release of the tenant's obligations under the lease or any forbearance by the landlord in exercising any of its rights and remedies or by any other action, inaction, or omission by the landlord. This guaranty is independent of any security or remedies which the landlord has under the law.

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FAQ

A lease guarantee is a legal agreement between a landlord, a tenant, and a third party approved by the landlord. This third party is called a lease guarantor. Like a cosigner on a consumer loan, the lease guarantor agrees to be responsible if the tenant defaults on the rental agreement.

In North Carolina, you can't withhold your rent except in two very specific scenarios: 1) if you landlord agrees you can not pay rent in writing or 2) if a judge or civil magistrate after a court hearing enters a written order that you do not have to pay rent.

Is North Carolina Landlord-Friendly? Yes, North Carolina is landlord-friendly, especially given that evictions can be immediate in certain circumstances, and no notice is required to enter the property.

For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

A landlord may refuse to accept rent if they are trying to evict you.

§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.

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North Carolina Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord