If Idon’t have an approved guarantor, ismy lease still valid?

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If Idon’t have an approved guarantor, ismy lease still valid?

My friend and I signed a lease with an apartment complex which requires that we have an approved guarantor if our income does not meet a certain requirement. Neither one of us meet those requirements nor do we have approved guarantors. The apartment complex is now telling us that we either need to find people to re-let the apartment or we will still be held responsible for the rent and won’t be allowed to live there. Are they allowed to do this?

Asked on July 16, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Even though the lease that you and your friend signed contains a provision about having an approved guarantor for the lease to move in, have you two already moved in without the approved guarantor in place? If thishas happended, you and your friend have an argument that the landlord waived the requirement for the guarantee by a third person and you relied by upon the failure by the landlord to insist upon the approved guarantor signing the lease you signed before moving in.

If the landlord tries to evict you because of no approved guarantor in place and your rent is current, you should contact your rent control board about the situation. The landlord should have had the signed guarantee by a third person in hand before you and your friend moved in. If he failed to do so, he or she cannot now demand it at a later date unless the written lease you signed says otherwise.

Good luck.


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