What power does the co-signer of a lease have?

We just moved into a rental mobile home and a relative co-signed for us. He has now threatened to pay what he has to to get us evicted.

Asked on March 23, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A co-signor cannot evict you--only the landlord can. If you are not honoring your obligations under the lease or other agreement, the co-signor may be able to sue you for monetary compensation; so, for example, if you are not paying the rent but rather forcing the co-signor to pay, the co-signor could potentially sue you for the amounts you should be paying.

The landlord cannot evict you--even if the cosignor tries to pay him or her to do so--as long as you honor the lease terms  (including paying on time), do not grossly negligently or intentionally damage his property, do not disturb the peace of other tenants or residents, do nothing which would impose liabiltiy on the landlord (e.g. you're not using the property for criminal purposes), and do not threaten or steal from the landlord.

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