Can a landlord keep my parents’ as guarantors if my roommate is renewing the leasebut I’m moving out?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord keep my parents’ as guarantors if my roommate is renewing the leasebut I’m moving out?

I am moving out, but my roommate is renewing the lease on her own (or starting a new lease on her own, I’m not sure what the difference is). I called my landlord and they said that if they can’t get her side (other family members) to be guarantors, my parents will still be the guarantors for her even though I am no longer on the lease. How do I get my parents out of the situation? Do my parents need to write a letter rescinding the guarantee or do I need a letter from my Landlord saying that my parents are released as guarantors?

Asked on May 17, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are no longer going to be living there, then you will either need to wait for the lease to end and inform the roommate and the landlord in writing you no longer plan on continuing the lease (renewing) and will leave at end of lease term. Consequently, that lease will be gone and your parents will need to inform the landlord (who is either unfamiliar with the law or pulling a fast one) that since you will not be renewing the lease and will leave at end of lease term, they are thereby also ending their contract at the same time as they are only obligated to be guarantors for that lease term. Make sure they give this to the landlord and get an affidavit from the landlord he or she received it. Your roommate's issue is now she will need to find a new roommate and a new guarantor. Further there is a big difference between starting a new lease and renewing the lease. Renewal is still using the original contract. A new lease will not make you a party to the new contract; a renewal could keep you on and make your parents required guarantors.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption