Is a co-signer of anoriginal lease responsible for any defaulted payments under a renewal lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a co-signer of anoriginal lease responsible for any defaulted payments under a renewal lease?

My friend could not get the apartment without a co-signer’s signature so I signed for him for a 2 year lease. After that, he renewed the lease for another term without notifying me. Now he is 7 months behind in rent. Management just called me telling me that I am his co-signer. Since he did not get my approval for another term am I responsible? Can they take actions against me? And what can I do to avoid future complications?

Asked on December 26, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are responsible for the unpaid rent as the co-signer under the initial lease that expired depends upon what the language states in the document you signed. You need to carefully read it in that its terms and conditions control the obligations owed you by the landlord and vice versa absent conflicting state law.

Most likely if the initial lease expired subject to renewal by the friend, you would not be obligated for the renwed period of time unless you agreed to it. Most importantly, I presume the initial lease that you signed had a set term that you agreed to co-sign for. If you did not sign the renewal which has an additional term not mentioned in the document you signed, I have a hard time seeing how you would be responsible for the new term. 


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