Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord

State:
Multi-State
County:
Santa Clara
Control #:
US-OL4A024BC
Format:
Word; 
PDF
Instant download

Description

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.


The Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord is an important legal clause that is commonly included in commercial lease agreements within the Santa Clara region. This provision safeguards the landlord's rights and protections in case of any waivers or forbearance granted to the tenant. In simple terms, this provision ensures that if the landlord chooses to waive or delay enforcement of any specific terms or conditions outlined in the lease agreement, it does not set a precedent or limit the landlord's ability to enforce those same terms in the future. It guarantees that any leniency shown by the landlord to the tenant will not be deemed as a permanent waiver or relinquishment of their rights. By including this provision, the landlord maintains the ability to exercise their rights fully and without limitation, even if they have chosen to be flexible or lenient with the tenant's compliance in the past. It acts as a safeguard against any potential misunderstandings or misinterpretations that may arise from a history of waived or delayed enforcement. This provision also protects the landlord's ability to hold the tenant accountable for any breaches of the lease agreement, regardless of any lenient actions taken in the past. It emphasizes that any future waivers or forbearance must be explicitly stated in writing, ensuring clarity and preventing any vague or implied agreements that could be used against the landlord in the future. Types of Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord may include: 1. Standard Provision: This is the basic and most commonly used provision, stating that the landlord's rights are unaffected by any waivers or forbearance. 2. Enhanced Provision: This provision may include additional clauses or conditions specific to the landlord's preferences or requirements. It could outline specific situations where waivers may be acceptable or provide guidelines for granting forbearance. 3. Limited Provision: This type of provision may restrict the ability of the landlord to grant waivers or forbearance, only allowing them in select circumstances or with certain limitations. 4. Customized Provision: This provision is tailored to address unique circumstances or specific lease agreements, addressing any specific concerns or requirements of the landlord and tenant. In conclusion, the Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord is a crucial component of commercial lease agreements. It protects the landlord's rights and ensures that any flexibility shown to the tenant in the past does not limit the landlord's ability to enforce the lease agreement fully.

The Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord is an important legal clause that is commonly included in commercial lease agreements within the Santa Clara region. This provision safeguards the landlord's rights and protections in case of any waivers or forbearance granted to the tenant. In simple terms, this provision ensures that if the landlord chooses to waive or delay enforcement of any specific terms or conditions outlined in the lease agreement, it does not set a precedent or limit the landlord's ability to enforce those same terms in the future. It guarantees that any leniency shown by the landlord to the tenant will not be deemed as a permanent waiver or relinquishment of their rights. By including this provision, the landlord maintains the ability to exercise their rights fully and without limitation, even if they have chosen to be flexible or lenient with the tenant's compliance in the past. It acts as a safeguard against any potential misunderstandings or misinterpretations that may arise from a history of waived or delayed enforcement. This provision also protects the landlord's ability to hold the tenant accountable for any breaches of the lease agreement, regardless of any lenient actions taken in the past. It emphasizes that any future waivers or forbearance must be explicitly stated in writing, ensuring clarity and preventing any vague or implied agreements that could be used against the landlord in the future. Types of Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord may include: 1. Standard Provision: This is the basic and most commonly used provision, stating that the landlord's rights are unaffected by any waivers or forbearance. 2. Enhanced Provision: This provision may include additional clauses or conditions specific to the landlord's preferences or requirements. It could outline specific situations where waivers may be acceptable or provide guidelines for granting forbearance. 3. Limited Provision: This type of provision may restrict the ability of the landlord to grant waivers or forbearance, only allowing them in select circumstances or with certain limitations. 4. Customized Provision: This provision is tailored to address unique circumstances or specific lease agreements, addressing any specific concerns or requirements of the landlord and tenant. In conclusion, the Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord is a crucial component of commercial lease agreements. It protects the landlord's rights and ensures that any flexibility shown to the tenant in the past does not limit the landlord's ability to enforce the lease agreement fully.

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FAQ

After over two years of statewide eviction moratoria in the forms of executive orders, Judicial Council rules, and legislation, California's eviction moratorium was scheduled to come to an end on March 31, 2022. However, on March 31, 2022, Lt. Gov.

The Tenant Protection Act of 2019 protects a majority of California's renters against outrageous rent increases and unfair evictions. However, not everyone is eligible for these protections. Use our tool to learn about your new rights and determine if you're covered by this new law.

On March 31, 2022, the California legislature approved Assembly Bill (AB) 2179, extending the state's eviction moratorium through June 30, 2022 for certain tenants who have applied for rental assistance on or before March 31, 2022.

Yes, for the most part. The County of Santa Clara has enacted a temporary moratorium on evictions for any residential renter or small business in the county who has lost income related to the coronavirus (COVID-19) pandemic.

Individual rooms or accessory dwelling units rented out by the home owner, Single family homes or condominiums rented by the owner, unless they are owned by a real estate investment trust, corporation, or a limited liability company in which at least one member is a corporation or.

Under the San Jose Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or a relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence following the eviction.

Just Cause Tenant Protections Under AB 1482, landlords must have a just cause to evict tenants who have lived in a unit for at least one year. There are two types of just cause described within AB 1482, at-fault just cause and no-fault just cause.

The courts remain open as "essential services" under Newsom's stay-home executive order.

Most residential tenancies in California are covered by some form of rent and eviction control. The Tenant Protection Act of 2019 (Protection Act) extended a rent "cap" (on rent increases but not initial base rents) and eviction controls to anywhere in the state where rent control didn't already exist.

Yes, for the most part. The County of Santa Clara has enacted a temporary moratorium on evictions for any residential renter or small business in the county who has lost income related to the coronavirus (COVID-19) pandemic.

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Santa Clara California Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord