New Mexico Landlord Tenant Lease Co-Signer Agreement

State:
New Mexico
Control #:
NM-831-11
Format:
Word; 
Rich Text
Instant download

Description

This is a Landlord Tenant Lease Co-Signor Agreement for use by a landlord in contracting with a cosignor on a lease to be liable for rent, damage, etc., if the tenant fails to pay. Cosignor is thereby liable to landlord for payment of rent should tenant not fulfill his/her contractual obligation.


The cosigner is also sometimes be called a guarantor. A guaranty is a contract under which one person (guarantor) agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the guaranty (guarantor).

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FAQ

According to Nolo, a cosigner is a person designated to make the rental payments if the tenant does not pay. They sign their name to the lease agreement and are held fully responsible for rent if the tenant stops paying rent.

Guarantors sign the lease and are responsible for the payments under the law, but they don't occupy the apartment nor are they entitled to occupy it.

According to the Experian.com website, cosigning for an apartment lease doesn't normally affect a cosigner's credit. Rental payments aren't normally reported to credit bureaus.However, if you cosign an apartment lease, and the person you cosigned for later defaults, your credit can be negatively affected.

Ask the owner whether he allows for co-signers. Schedule a meeting with the owner and your co-signer. Sign the lease or rental agreement once the co-signer passes the property owner's requirements. Ask the landlord whether he objects to another tenant moving into the home.

The cosigner, simply by signing on to the debt, is liable for the debt without the creditor needing to to take any additional actions. The guarantor is only liable for the debt after the creditor has exhausted all other options of collections from the original borrower.

A co-signer, on the other hand, will usually have their name on the title of the home or automobile. Guarantors are usually liable for default only when the lender has done everything possible to get the primary borrower to make the payments.

Co-signers have equal responsibility for payment of monthly rental costs, while a guarantor is generally sought for payment only when the primary signer is unable to make the rental payment.

The Basics: A Co-signor is part owner of the property, may or may not live in the property and is responsible for the debt repayment. A Guarantor is responsible for the debt repayment if the borrower (applicant) is unable to pay but has no benefits of owning any part of the property.

This Cosigner Addendum adds the undersigned as a Cosigner to the Application and Promissory Note (Note) for a student loan for the borrower listed in Section B below.Annual Monthly You do not need to reveal alimony, child support or maintenance if you do not wish to have it considered as a basis for loan repayment.

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New Mexico Landlord Tenant Lease Co-Signer Agreement