As a co signer, must the leasingagent get my permission to renew the lease?

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As a co signer, must the leasingagent get my permission to renew the lease?

I was the co-signer for my son’s apartment. He does not work and is a college student. The leasing agents renewed his lease without consulting me as his co-signer. I am the one responsible party for his rent and utilities. It was renewed 7 months ago. A month later he conveyed to the leasing agents that he would not return to rent in the fall after summer vacation. He did receive $200 cashback money for renewing the lease. I conveyed that he would refund their $200, however will not return to the apartment. What is my legal course of action?

Asked on September 14, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the terms and conditions of the written lease that you co-signed for your son in that its terms and conditions set forth the obligations owed by the landlord to your son (and you) and vice versa in the absence of conflicting state law.

If the terms of the lease ended on a certain date and the lease was renewed under a new agreeemnt that you did not co-sign, then you would not be responsible under the new lease that was created because you did not sign it. The only problem for you would be it there was an automatic renewal for the lease if the tenant did not give written notice that he would not be renewing it.

Your son appears to be on the hook for the balance of the renewed lease but you would not as the co-signer based upon what you have written.


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