If I have co-signed a 6 month lease for my sister’s apartment, can I give notice without dealing with her eviction and affecting my credit rating?

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If I have co-signed a 6 month lease for my sister’s apartment, can I give notice without dealing with her eviction and affecting my credit rating?

So far I’ve been stuck paying her rent so I don’t want to stay on the lease when it renews. Next month will be the last month of the 6 month term and I will give my 30 day notice as her guarantor. She does not want to move out. I’m afraid that I’ll have to pay for her eviction and it will affect my credit rating. The owners of the building will not consider letting her take it on solo even if she pre-pays a few months rent. What is my best course of action for a smooth exit?

Asked on March 23, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Please take the lease to an attorney to review and write the letter for you.  It is well worth the money to protect your interests.  The attorney needs to make sure that all requirements under the lease for notice of termiantion of your part are met, and that the landlord knowns so too.  And that the landlord is aware that once the lease term ends the month to month tenancy is your sister's issue ALONE.  ANd I would even make the threat that if it adversely effects your credit you will take legal action.  Good luck. 


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