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  1. #1
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    Apr 2020
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    Default Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

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

    I cosigned a year lease for my daughter and her boyfriend that ended in January. All three names were on the lease
    At the end of January I notified the property manager via text I was no longer responsible for rent. My daughter and boyfreind continued to live there month to month. Now my daughter and her boyfriend are not able to pay rent and the landlord is trying to say I am responsible for it.

    I gave notice at the end of the lease term I was no longer liable (I have the text).
    I don't live there.
    The property manager did not get the "tenants" to sign a new lease. my impression is he isn't a good manager (lazy).
    Does he have cause or can I tell him to pound sand?

  2. #2
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    Quote Quoting weeblebiker
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    I cosigned a year lease for my daughter and her boyfriend that ended in January. All three names were on the lease
    I'm curious why you made separate mention of you co-signing and all three names being "on the lease." Was that intentional? If you co-signed, then it goes without saying that your name would be "on the lease, so I'm curious if you're ascribing some other significance to one or the other of these things.


    Quote Quoting weeblebiker
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    At the end of January I notified the property manager via text I was no longer responsible for rent.
    What made you believe you could terminate your liability by sending a text message? When did you send the text?


    Quote Quoting weeblebiker
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    Now my daughter and her boyfriend are not able to pay rent and the landlord is trying to say I am responsible for it.
    What does "trying to say" mean? Did you simply mean that the landlord is saying this? When did your daughter and her boyfriend stop paying rent?


    Quote Quoting weeblebiker
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    Does he have cause or can I tell him to pound sand?
    You can tell him anything you like. Whether you're on the hook depends on how you answer the questions I asked and on the terms of the lease.

  3. #3
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    1. to ensure clearly all three names were on the lease, not just mine, not just my daughter and I.
    2. I gave the property manager notice and have evidence,,,,,at the end of January.
    3. He is trying to say, he has implied my credit could be affected, he has not taken me to small claims court. They stopped paying rent after the lease term ended in January all payments were made during the lease period, property manager says says they are two months behind now so they paid February and not March and April which would be after the end of the lease period.
    4. I know a can say anything I want, I'd like some confirmation before involving a local attorney. which at this time is kinda difficult to do with the current corona virus distance rules, hense the post instead of popping into local office for a half hr consult.

  4. #4
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    Mar 2013
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    Residential leases tend to have provisions continuing the expired lease on a month to month basis AT THE SAME TERMS as expiring. You'll have to read the lease to see if that's what it says. If it says that, then you continue to be a guarantor for as long as your daughter and the bf occupy the rental.

    You saying otherwise does not absolve you of the obligation.

    Read the lease, what does it say about expiration? Quote it word for word. And what does it say about your obligations as co-signer?

  5. #5
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    so by the same rational a roomate that moves out at the end of a lease is responsible for the lease if the other room mate stays and doesn't pay rent?
    lease ends, I give notice of not continuing with the contract, the property manager does not negotiate with the remaining tenants, how am I more responsible than a roomate that moved out in the same situation? besides my pockets being deeper?

  6. #6
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    so by the same rational a roomate that moves out at the end of a lease is responsible for the lease if the other room mate stays and doesn't pay rent?
    Yes. That's exactly what could happen and often does with roommate situations because the tenants are jointly and severally liable for the terms of the contract until all occupants satisfactorily surrender the rental to the owner.

    lease ends, I give notice of not continuing with the contract, the property manager does not negotiate with the remaining tenants, how am I more responsible than a roomate that moved out in the same situation? besides my pockets being deeper?
    The whole idea of requiring a co-signer is that the co-signer's pockets ARE deeper and his/her credit better than those for whom he is a guarantor.

    Perhaps you didn't understand what you were guaranteeing when you signed the lease. It's simple. You guaranteed to pay if the tenants didn't.

    By the way, you haven't answered the questions about the terms of the lease.

  7. #7
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    Quote Quoting weeblebiker
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    2. I gave the property manager notice and have evidence,,,,,at the end of January.
    You didn't answer the question I asked about what made you believe you could terminate your liability by sending a text message.


    Quote Quoting weeblebiker
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    3. He is trying to say, he has implied my credit could be affected, he has not taken me to small claims court.
    That doesn't explain what "trying to say." If someone is saying something, that's easily understood. "Trying to say" implies an attempt to say something that wasn't successful. For example: "Jane tried to speak, but she just couldn't form the works, so she just stood there with her mouth open but no sound coming out." Unless you tell me otherwise, I'll assume that you meant he did say these things.


    Quote Quoting weeblebiker
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    They stopped paying rent after the lease term ended in January
    Any idea why the landlord didn't start eviction proceedings in February?


    Quote Quoting weeblebiker
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    4. I know a can say anything I want, I'd like some confirmation before involving a local attorney. which at this time is kinda difficult to do with the current corona virus distance rules, hense the post instead of popping into local office for a half hr consult.
    I don't know of any attorneys that offer "pop in" consultations. However, much as you're not going to get an in-person consultation right now, neither is the landlord going to be able to pursue eviction. If you explain what made you believe a text message was sufficient to terminate your liability, tell us what the text message said, and tell us about any relevant provisions in the lease, then we may be able to provide some information you can use.

    Quote Quoting adjusterjack
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    Residential leases tend to have provisions continuing the expired lease on a month to month basis AT THE SAME TERMS as expiring. You'll have to read the lease to see if that's what it says. If it says that, then you continue to be a guarantor for as long as your daughter and the bf occupy the rental.
    That's not necessarily correct, but I want more information from the OP before saying more on the subject.

  8. #8
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    There's no state wide referral system in Indiana, but many of the local bar associations (county/city) do have such programs which may provide a limited initial consultation. Expect to not get much out of this without signing on to formal representation.

    You're bound by the lease you signed. If the lease provides for holdover or renewal, you're still bound to that. The only way out is to provide the proper notice and to have everyone VACATE the premises or get the landlord consent to releasing just you. In writing, by and large, means on paper or a reasonable approximation. Texts, phone messages, etc.. are not written notice. Even if you had sent a proper written notice, it likely would have little meaning if the other lessees didn't also give notice and move.

  9. #9
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    Quote Quoting weeblebiker
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    My question involves landlord-tenant law in the State of: Indiana

    I cosigned a year lease for my daughter and her boyfriend that ended in January. All three names were on the lease
    At the end of January I notified the property manager via text I was no longer responsible for rent. My daughter and boyfreind continued to live there month to month. Now my daughter and her boyfriend are not able to pay rent and the landlord is trying to say I am responsible for it.

    I gave notice at the end of the lease term I was no longer liable (I have the text).
    I don't live there.
    The property manager did not get the "tenants" to sign a new lease. my impression is he isn't a good manager (lazy).
    Does he have cause or can I tell him to pound sand?
    Being cognizant that substance always prevails over form I would say this:

    If it is true that, (a) you've never paid any rent called for by the use of the premises, (b) you've never occupied the rental unit, and (c) the landlord has never made any demands upon you prior to the current episode - then notwithstanding any anticipatory language in the lease respecting terms and conditions in the event of a holding over . . .

    in my opinion your liability is strictly that of a surety and not a co-tenant and ended at the conclusion of the stated term of the written lease.

    In other words, if we accept the argument that your signature to the lease was intended as a surety and not as a co-tenant (again form must yield to substance) then it necessary follows that you should not be bound by the independent action of the tenant/occupants following the end of term stated in the written lease. Furthermore, it takes two to tango. Meaning that the landlord cannot unilaterally extend your guarantee.
    ____

    What can/should you do?

    First of all don't bow to the landlord's demands! Doing so would be an admission of liability. Better to let the landlord take action evicting the occupants and/or unlawful detainer.

    Secondly, if push comes to shove either initiate an action for a declaratory judgment decreeing your responsibilities as solely coextensive with the stated term of the written lease, or if sued by the landlord, file such via a defense/counter claim.

    Good luck and please keep us posted.

  10. #10
    Join Date
    Jun 2014
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    Default Re: Cosigned Lease for Daughter + Boyfreind That Expired in January Am I Responsible

    Why aren't they paying the rent ?

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