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.
New Mexico Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord
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FAQ
In New Mexico, landlords can raise the rent by any amount and for any reason as long as they give proper notice, don't do so during the fixed term of a lease, and aren't doing so for certain discriminatory or retaliatory reasons.
Rent withholding may occur ing to N.M. Stat. Ann. § 47-8-27.2 if a landlord is notified and does not fix a problem affecting the habitability of the unit or health and safety of its occupants within 7 days, a tenant may withhold a pro-rata share of the daily rent from one-third to 100%.
Ing to the Fair Housing Act and the New Mexico landlord-tenant laws, the tenant cannot be discriminated against for their sexual orientation, national origin, religion, disability, race, color, or sex.
Tenant Rights to Withhold Rent in New Mexico Tenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater.
Upon termination of the tenancy, landlords may deduct from the security deposit any remaining rent that is due and the cost of repairs for damages caused by the tenant.
New Mexico has no limits for what landlords may charge for rent and may file for eviction sooner than in other states.
Disclosures ? In New Mexico, landlords must disclose certain information. This includes if they will charge any nonrefundable fees, shared utilities, and the smoking policy. Repairs ? Landlords must make repairs within seven days of being notified by the tenant. If they do not, tenants may withhold rent.
One is to provide proper written notice. It requires that the tenant serve the landlord a 30 days notice before terminating their lease. The other condition involves payment of a fee, usually the equivalent of 2 months' rent.
