Can a landlord keep my parents’ as guarantors if my roommate is renewing the leasebut I’m moving out?

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Can a landlord keep my parents’ as guarantors if my roommate is renewing the leasebut I’m moving out?

I am moving out, but my roommate is renewing the lease on her own (or starting a new lease on her own, I’m not sure what the difference is). I called my landlord and they said that if they can’t get her side (other family members) to be guarantors, my parents will still be the guarantors for her even though I am no longer on the lease. How do I get my parents out of the situation? Do my parents need to write a letter rescinding the guarantee or do I need a letter from my Landlord saying that my parents are released as guarantors?

Asked on May 17, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are no longer going to be living there, then you will either need to wait for the lease to end and inform the roommate and the landlord in writing you no longer plan on continuing the lease (renewing) and will leave at end of lease term. Consequently, that lease will be gone and your parents will need to inform the landlord (who is either unfamiliar with the law or pulling a fast one) that since you will not be renewing the lease and will leave at end of lease term, they are thereby also ending their contract at the same time as they are only obligated to be guarantors for that lease term. Make sure they give this to the landlord and get an affidavit from the landlord he or she received it. Your roommate's issue is now she will need to find a new roommate and a new guarantor. Further there is a big difference between starting a new lease and renewing the lease. Renewal is still using the original contract. A new lease will not make you a party to the new contract; a renewal could keep you on and make your parents required guarantors.


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