Can a guarantor form act as a tenancy agreement?

UPDATED: Dec 9, 2011

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Can a guarantor form act as a tenancy agreement?

I am currently living in an apartment and they want me to renew the lease for next year. My father is the guarantor and was sent a guarantor form to sign to extend the lease. He signed the form and sent it in but I have not decided if I want to live there next year. I talked to the lease manager to make sure it wouldn’t renew my lease and lock me into a spot in the complex for next year. According to the lease manager, it does lock me in to a spot. Can it legally lock me into another agreement even though I have not signed anything having to do with renewing my lease?

Asked on December 9, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. In order to answer your question, it is important to carefully read the personal guaranty that your father signed as to its language and if it references a subsequent lease to be signed for a new period beyond the original lease. If it does and you have not signed the new lease, then the guaranty that your father recently signed does not obligate him on the future lease that has not been signed.

I suggest that you and your father consult further with a landlord tenant attorney and bring all documents concerning the lease that you have written about for him or her to review.

From what you have written, you are not obligated under the new lease since you have not signed it.

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 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.

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