Guarantor on a Lease

[Kurdtz4]

My question involves landlord-tenant law in the State of: florida

my daughter signed an apartment lease in October of 2010 for a 1bedroom and I signed as a guarantor. In July of 2011 she signed a lease renewal for a 2 bedroom but I never signed a guarantor form for the lease renewal. She has since stopped paying and now they have debt collectors calling saying I am responsible for the debt. I live in North Carolina but the apartment is in Florida. What state laws would apply in this case? (Florida or NC). The debt collector is harassing me constantly. Am I liable for the debt?

[Mr. Knowitall]

I have no access to the document you signed, and thus don't know if your guarantee extends to the lease renewal. You will either need to share the relevant language or run the document past a lawyer.

If this is a Florida contract for a Florida Apartment, absent a contractual provision to the contrary the contractual obligations are determined by Florida law.

[SChinFChin]

Generally, if the LL did his lease and guaranty right, you'll be on the hook such as in the following for a FL rental:

http://tallahasseecollegerentals.com/leaseguarantee.pdf

If your guaranty sounds like the above, a continuing and unconditional guaranty, you'll be on the hook for all lease renewals (which is what you got), extensions etc., unless the LL releases you from that obligation. I worked as a credit manager for a number of years, and generally, we ask all customers for guaranties to sign unconditional, unlimited, and continuing guaranties. I am also a LL of some years, have parents guaranty rents for their children who are tenants of mine, and they are all unconditional and continuing. Why would I ask for any less???