Omaha Nebraska Guarantor Waiver Which Avoids Release of Guarantor by Reason of the Tenant Discharge Release or Bankruptcy

• Category: Landlord Tenant - Commercial Leases
• State: Multi-State
• City: Omaha
• Control #: US-OL4A024BB
• Format: Word; PDF

Description

This office lease guaranty states that the guarantor's obligations under this guaranty shall be unaffected by any discharge or release of the tenant, its successors or assigns, or any of their debts, in connection with any bankruptcy, reorganization, or other insolvency proceeding or assignment for the benefit of creditors.

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Interesting Questions

What happens if the tenant gets discharged from their obligations?

If the tenant is discharged but you signed a guarantor waiver, you could still be on the hook to cover their rent and other costs, keeping the landlord protected.

Is a guarantor waiver common in Omaha's rental agreements?

Yes, it’s quite frequent in Omaha, especially in rental agreements where the tenant may have uncertain financial stability. It gives landlords extra security.

What should I consider before signing a guarantor waiver?

Before signing, think about the risks involved, like potentially being responsible for unpaid rent or legal fees if the tenant defaults or faces financial issues.

Can a landlord enforce a guarantor waiver?

Yes, if the guarantor waiver is properly drafted and agreed upon, a landlord can enforce it to hold the guarantor accountable for the tenant's lease obligations.

How does a tenant's bankruptcy affect a guarantor?

If a tenant files for bankruptcy, a guarantor can usually be released from their obligations; however, a guarantor waiver ensures the guarantor remains liable despite the tenant's financial troubles.

What is a guarantor waiver in Omaha, Nebraska?

A guarantor waiver is a legal document that allows a landlord to prevent a guarantor from being released from their responsibilities, even if the tenant goes bankrupt or is discharged from their obligations.

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