Can alandlord hold me liable for a residence if my guarantor application was denied, I never moved in and I let them know 2-3 weeks prior?

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Can alandlord hold me liable for a residence if my guarantor application was denied, I never moved in and I let them know 2-3 weeks prior?

I was trying to move into an apartment complex designed for college students. I signed a lease, along with the lease was a guarantor application but my guarantor application did not get approved. The complex then asked for 3 months’ rent as a down payment in order for me to move in. When I wasn’t able to come up with the money I let them know. They then called me the day scheduled for my move-in and when I did not they sent me to debt collections. So now I am struggling with an eviction on my credit as well as a financial amount.

Asked on January 10, 2012 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. Is the lease a separate agreement from the guarantor application and if so, then you need to see if they are incorporated by reference on the other such that one is not effective without the other. If it is not obvious or blatant and no such specific provision exists in either contract to make them only effective upon the execution of both, then the likelihood is you still are liable under the lease until they mitigate their damages by finding another tenant. I am unsure if the eviction was the proper method here. It seems a bit hasty. Consider reviewing it with your school counselors and see if they can help mediate this matter. If not, talk to your state attorney general if it has responsibility over landlord tenant issues.


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