What are the legal consequences of a tenant not paying back a guarantor at a certain time?

Recent college grad, been renting with the same roommates and guarantor (one roommate’s mom) for past 2 years. Paid bills with financial aid, having no support from family. Were times when aid stopped over summers/breaks or didn’t come on time, so I couldn’t pay rent on time and guarantor had to cover me. Paid back quickly all 4 times this happened, except for the last month of the current lease after my subtenant backed out. Came up with a plan to pay them back when I could in my situation, but guar. didn’t accept this and threatened yesterday that if I didn’t pay in a week “sh!t would go down.”

Asked on July 6, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A creditor, like a guarantor, does not have to accept a payment plan, but can demand payment of all amounts due and unpaid at once. As soon as you failed to pay rent and the guarantor had to step in and pay, you became obligated to him/her to pay those amounts immediately. If you could not repay any amounts either at once or when the guarantor wanted them, the guarantor could sue you for the money, including in small claims court.

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