What is a co-signers legal liability regarding a lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is a co-signers legal liability regarding a lease?

What does this mean – “Co-signer waives presentment, demand, protest, and notice of acceptance, notice of protest, notice of demand, notice of dishonor, notice of default, notice of non-payment and all other notices to which co-signer might otherwise be entitled”. Also, if something accidentally happens to the house but the landlord claims malicious intent, are we liable for damages and be taken to court?

Asked on September 9, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The phrase that you have quoted in your question means that the co-signer for the lease expressly gives up all requirements for notices of the actual tenant defaults on the lease's terms from the landlord under the laws of your state.

Ordinarily, a landlord is required to give required notices to the tenant of any breach of the lease and notices of termination. The above phrase states that the co-signer under the lease waives the requirements for any such notices.

The liability of a co-signer under the lease is for payment of all rent that is due if the primary person obligated under it fails to pay. A co-obligor would not be responsible for any damages not caused by the primary obligated person but would be responsible for all damages caused by the primary tenant that the primary tenant does not pay.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption