My question involves landlord-tenant law in the State of: Alabama
I was planning to renew my lease so I went into the main office last week where they gave me a a renewal agreement and was told that I, along with my guarantor had to sign it by the end of the week to get the apartment. I told them I would not be able to get my guarantor to sign it until by the end of the week and they said "that's fine, go ahead and sign it now and your guarantor can sign it by the end of the week"
I ended up finding a better apartment by the time my guarantor had time to sign it and informed the apartment complex that I was no longer going to live there. I was told that because I signed the renewal agreement - that it was binding.
The renewal agreement specifically states several times "Lease Amendment: Landlord, Resident and Guarantor hereby agree that the lease is modified and amended as set forth in this Amendment" and there are also three separate spaces at the bottom for the Guarantor, Leasee(me), and the Landlord to sign.
My main question is this:
Although the guaranty agreement does state that the guarantee is continuing and irrevocable; if the Guarantor chooses to not sign the current renewal does a new renewal have to be written up with the Guarantor's name off of it?
My argument is that the renewal agreement is not standing because not all three parties have signed it. The renewal agreement has my Guarantors name and information and requests her signature, if they don''t sign it is it valid?