Ask Me Help Desk - I am a landlord and I am terminating a lease do I inform the cosigner

Thank you for considering my question.

I am a landlord directly managing a fourplex in Santa Clara, California, I want to remodel one of my apartment units. The tenants that currently reside in this apartment unit had a cosigner when they originally signed a one year lease agreement back in December 2007. That one year lease agreement has since automatically reverted to a 30 day lease agreement. On Saturday, August 21, 2010, I personally served a 30 day notice to terminate the lease agreement on just one of the three adult tenants. I used a 30 day notice, as back in December of 2009, two of the tenants sublet one of their bedrooms to a room mate.

My questions are, do I need to inform the cosigner of the first two tenants, that the 30 day lease will be terminated.

If California law requires me to inform the lease cosigner, do I have to personally serve the 30 day lease termination papers, or can I just mail a certified letter to the cosigner's home address?

First, did each roommate sign a separate lease or sign the lease separately? Second, did the co-signers guarantee only the other roommates?

Quote:

Originally Posted by ScottGem

First, did each roommate sign a separate lease or sign the lease separately? Second, did the co-signers guarantee only the other roommates?

Thank you very much for your interest in my situation, in answer to your question ScottGem. The only tenants that signed the original one year lease was adult mother and father of two boys that moved in back in December of 2007.

I am ashamed to admit this, as a property manager, but I do not even know the first name of the roommate that is subletting from the family of four, that I currently have a 30 day lease agreement with.

I can not even have a complete conversation with this tenant, who has been subletting since December of 2009, as my Spanish is not that good; but their roommate seems to be a clean, quiet, and friendly fellow who keeps to himself.

These are low income rental apartments, so although subletting is officially prohibited in all of my lease agreements, I have never enforced that provision of the lease, as I know the tenants I rent to can barely pay the rent on their own for a two bedroom one bathroom apartment.

So I understand that to pay the monthly rent during their lease, they frequently will sublet at some point, one of their two bedrooms.

Obviously, I am sure the cosigner does not even know about this roommate, as the cosigner for the two adult tenants, that I originally signed the lease agreement with, was the employer of one of the tenant's.

That tenant, the mother and wife, has since had a falling out with her employer / cosigner, and left the cosigner's company.

I suspect that it is because of those circumstances, that the two tenant's on my lease agreement have mentioned that their cosigner, and now former employer, would like to be removed from my lease agreement quickly.

I just want to know if for ethical and/or California legal reasons, if I should, or should not let the cosigner know that her wishes have come true, and the lease will be terminated when the tenant's move out on some date between now and Thursday, September 23rd, 2010.

Thank you very much in advance, for taking the time to answer this question.

Quote:

Originally Posted by AK lawyer

You don't need to.

AK Lawyer, thank you very much for letting me know that I do not need to do that.

So I presume I will not be violating the tenant's privacy, by letting their cosigner know, when the tenant's have finally moved out of the apartment unit.

Since the co-signer has requested to be let out of their obligation, I would send them a simple letter.

Dear xxxx

The lease that you co-signed <insert date> has now expired. The renewal does not require your signature. Therefore any obligations you had ended on <insert date>.

Its simply common courtesy and won't cost you anything but a stamp. It might actually pay as the employer may send potential tenants your way.

Quote:

Originally Posted by ScottGem

Since the co-signer has requested to be let out of their obligation, I would send them a simple letter.

Dear xxxx

The lease that you co-signed <insert date> has now expired. The renewal does not require your signature. Therefore any obligations you had ended on <insert date>.

Its simply common courtesy and won't cost you anything but a stamp. It might actually pay as the employer may send potential tenants your way.

ScottGem, thank you very much for your expert advice, and sample letter of what to write to the cosigner.

I greatly appreciate you creating that sample letter, and I will be using it as soon as the last sub-tenant, or roommate, whose name I still do not know, will finally have moved out.

As soon as the security desposit letter is issued by me, which I expect to give back a full deposit to this family, I will mail your sample letter to the cosigner.

Wishing you all the best.

m19d82