A Wake North Carolina Guarantor Waiver, also known as a Guarantor Non-Release Clause or Assumption of Guaranty, is a legal document that protects the guarantor from being released from their obligations in the event of the tenant's discharge, release, or bankruptcy. It ensures that the guarantor remains liable for any outstanding rent or damages even if the tenant is no longer able to fulfill their obligations. In Wake North Carolina, there are two different types of Guarantor Waivers that can be utilized to avoid the release of the guarantor: 1. Tenant Discharge Release Guarantor Waiver: This type of Guarantor Waiver ensures that the guarantor's obligations to the landlord persist, even if the tenant is discharged from their lease agreement. In the event of discharge, the guarantor remains responsible for rent and damages until the lease agreement is terminated or the landlord agrees to release the guarantor from their obligations. 2. Bankruptcy Guarantor Waiver: This type of Guarantor Waiver protects the landlord by stipulating that the guarantor will remain liable for rent and damages even if the tenant files for bankruptcy. Typically, bankruptcy discharges the debtor (tenant) from their financial obligations, which could potentially release the guarantor from their responsibilities. However, the Bankruptcy Guarantor Waiver ensures that the guarantor's obligations persist despite the tenant's bankruptcy status. Both types of Guarantor Waivers are crucial for landlords trying to safeguard their interests and ensure the guarantor remains liable in the event of a tenant's discharge, release, or bankruptcy. These clauses provide an added layer of protection and peace of mind for landlords during challenging situations. It is important for guarantors and landlords in Wake North Carolina to consult with an attorney familiar with local laws and rental regulations to draft a comprehensive Guarantor Waiver that aligns with their specific needs and ensures legal enforceability. By employing a well-crafted Guarantor Waiver, landlords can mitigate potential risks and maintain financial security.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.