As a co-signer of a lease, is a property management company required to notify you that the lease is in default before it goes to collections?

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As a co-signer of a lease, is a property management company required to notify you that the lease is in default before it goes to collections?

My daughter rented aptatment and was evicted. Court reached settlement with mamagement company to make payments on remaining month rent only. She defaulted and now I am hit with bill for repairs and all rent, without notifying me that the agreement was not being met. They sent it directly to collections without any notification to me. Court settlement was for $1574; bill now is for $2883 (including repairs).

Asked on October 20, 2010 under Real Estate Law, California

Answers:

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

Answered 10 years ago | Contributor

As a co-signor on the lease you should be entitled to the same notice as the primary signor on the lease.  Now, the agreement in court, were you a party to that agreement?  You should have been.  I would take all the agreements to an attorney.  My gut feeling on this is that they are collecting on the court settlement to which you were NOT a party.  They needed to sue you in the original action as well as your daughter.  And what are these repair bills?  Why were they not a part o the original settlement and are coming up only now?  Are they above the normal wear and tear permitted under the law?  Seek legal help.  Good luck. 


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