Can a co-signer taketheir name off a lease for an apartment?

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Can a co-signer taketheir name off a lease for an apartment?

My baby’s father and I got a place that his dad co-signed for. The day after I signed the lease and started moving he lost his job. He’s not even supposed to be living there and if I kick him out he’s telling me his dad will un-sign the lease. Can he do that and will I be evicted?

Asked on December 2, 2011 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, his father may *not* remove himself as a cosignor of the lease, not without the permission of the other parties to the lease--that is, you, your baby's father, and, more importantly, the landlord, would all have to agree to allow him to remove himself as co-signor. If you do not, he may not remove himself. When this lease is up, he does not need to cosign the next lease if he does not want to, but that is a different matter.


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