New Mexico Tenant Letter of Credit in Lieu of a Security Deposit

State:
Multi-State
Control #:
US-OL4A023
Format:
Word; 
PDF
Instant download

Description

This office lease form is a tenant's letter of credit to the owner in the place of a security deposit. The letter of credit maintains effect at all times during the term of the lease following delivery thereof. A clean, unconditional and irrevocable letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance and shall provide that it shall be automatically renewed from year to year unless terminated by a bank by notice to the owner. The final expiration date of the letter of credit (including any renewals) shall be no earlier than sixty days after expiration date of lease.

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FAQ

One of the primary benefits of using a letter of credit as opposed to a cash security deposit is that a letter of credit allows the commercial tenant to retain money in their account. They are extremely popular with Landlords since they are backed by a major bank.

A bank guarantee is a promise from a lending institution that ensures the bank will step up if a debtor can't cover a debt. Letters of credit are also financial promises on behalf of one party in a transaction and are especially significant in international trade.

Deposit means to give. If you deposit some money into your account in a bank, the bank first accepts your deposit and then ?credits? your account with the money. Two distinct book entries are made: deposit and credit. There could be a time difference between the two.

Landlords routinely accept a security deposit in the form of a letter of credit in lieu of cash upon execution of a lease agreement as security for the performance by a tenant of all obligations on the part of such tenant thereunder.

A letter of credit can be used only once. A line of credit is used by businesses to help with cash flow. The bank will issue an amount of money that the business can use at any time for almost anything. Once the money is used, the borrower must pay it back either immediately or over time with interest.

A letter of credit is a contract between a bank (tenant's issuing bank), the bank's customer (tenant), and a beneficiary (landlord). The issuing bank guarantees that a specific payment (e.g., the security deposit) will be made to the beneficiary of the letter of credit if enumerated conditions are met.

In many cases, a letter of credit is better for both parties since it frees up cash resources for the tenant while providing the landlord with potentially more protection in the event of a default or bankruptcy.

New Mexico Landlord Tenant Law does permit landlords to require that a tenant pay a security deposit, however the security deposit must be ?reasonable.? If a landlord demands a security deposit in excess of an amount equal to one months' rent, under 47-8-18 (A) (1), ?the owner shall be required to pay to the resident ...

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New Mexico Tenant Letter of Credit in Lieu of a Security Deposit