If I co-signed a rental agreement to help some one get into an apartment and they left in the middle of the lease, am I legally responsible for the unpaid rent?

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If I co-signed a rental agreement to help some one get into an apartment and they left in the middle of the lease, am I legally responsible for the unpaid rent?

I helped my ex-wife, because she had no credit, get an apartment. She then left in the middle of the lease. I was not notified by the apartment manager. When I found out that she had left. I asked when, and the manager said that my ex had arranged to take care of the remaining rent. Next thing I know I was being served court papers.

Asked on March 10, 2012 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can indeed be held liable under the law for the unpaid rent.  I would take the agreement to an attorney to review.  See if there is a notice provision that would have applied to you or if the management company was required to mitigate the unpaid rent by evicting her as a tenant or re-renting the apartment. What you need to do is sue her in the same suit even if she is already named.  Do not cross claim.  Third party her in.  There are procedural ramifications.  Good luck.


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