Will I be held responsible for a lease if my name is not typed on the lease but I signed it along with the other tenant whose name was typed?

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Will I be held responsible for a lease if my name is not typed on the lease but I signed it along with the other tenant whose name was typed?

I need to move out of the rented house that I reside with my boyfriend for the safety of my daughter and myself. The lease only has his name typed on it but we both signed it. I am worried when I leave he will not pay the rent and I will be help responsible.

Asked on April 25, 2011 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you signed the lease, then you will almost certainly be liable under the lease; the fact that your name was not typed on the lease won't change the fact that you are a signatory to it. (Obviously, had you not signed it, the answer would be very different.) Therefore, if you move out and the rent is not paid (or the property damaged), then you, as a signor of the lease, could be held liable by the landlord as well. You are potentially liable (if he defaults immediately) for the entire remaining balance of the lease. There may be grounds under which you in turn could look to hold your boyfriend liable, but that will not stop the landlord from first proceeding against you, if it wishes to do so in the event of some default or damage.


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