Is a landlord legally obligated to inform a co-signer when a tenant is significantly past due on rent?

UPDATED: Sep 29, 2022

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Is a landlord legally obligated to inform a co-signer when a tenant is significantly past due on rent?

If so, how long after rent has not been paid are they required to notify the tenant? Also, is the co-signer responsible for the legal fees from an eviction process?

Asked on October 20, 2015 under Real Estate Law, Oregon


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, notifying a co-signer of a tenant who is past due in rent is not a legal requirement. That having been said, review the lease to see if it provides otherwise. Also, these laws due vary from state-to-state. As for eviction costs, a co-signer is as liable as if they were a tenant. This means that any costs from past due rent, damages to the rental unit, eviction, etc. are borne by the co-signer.
At this point, you can consult direclty with an attorney in the area or contact a tenants' rights organization, etc. to find out the law in the applicable jurisdiction.

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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