[virginiawife]

My daughter has been renting an apartment while at school. She got behind on her rent, but then got caught up. Anyhow, she had to resign her lease in January of this year. Since then she and her roommate had a falling out and she has decided to move to another college in another state.

Anyhow, her landlord sent a letter to our house to state that she needed a guarantor for her lease. I will not sign as guarantor. If she does not get a guarantor for the new lease, is that a way she can get out of the lease?

I am surprised they will not just let her out since she got so far behind on her rent this year (4 months).

[Megan2345]

You should be able to break the lease for a fee.

[excon]

If she does not get a guarantor for the new lease, is that a way she can get out of the lease?

Hello v:

I'm a bit confused... You said she resigned, then she got a letter saying something about a guarantor. Are they saying the lease she resigned ISN'T good?? What are they saying will happen if she DOESN'T get the required guarantor??

More information please...

excon

[ScottGem]

I agree with excon, you are confusing us here.

Who is asking for the guarantor, the place she moved to or the place she is moving out of? Why would she need a guarantor if she is moving out? But she can't break the lease unless there is an early termination clause in the lease or she negotiates one with the landlord.

[virginiawife]

Sorry for the confustion. She resigned with the place where she is now--same landlord, same apartment. The first year they may have asked for a guarantor, but she did not get one. When letters were sent to her permanent address (our house) it was addressed to "Guarantor of (my daughter's name)". Then, this year she had to resign before she got behind--January--, when she got behind they sent a letter to her at her permanent address that stated she did not have a guarantor on file--same landlord as the previous year. I am not sure if it was an oversite of the landlord for the first year, or they said they needed one since she got behind.

I would think that if they need a guarantor and she does not get one, then the lease is void. They have not said that she does not have a lease if she does not get one--they are very wishy-washy--kind of weird since they own half the apartment complexes near the college campus. I guess that is how they make extra money (by charging late fees).

[ScottGem]

I'm still a bit confused. First one doesn't "resign" from a lease. One terminates or vacates.

But, a landlord can't ask for a guarantor after they sign the lease. They can ask for one to renew a lease.

But the bottomline here is that if she has a lease in effect she can't break that lease without penalty unless the landlord allows it. If you vacate before the lease is up, you are responsible for the payments until the lease expires or they re-rent the premises. If this is a college situation, they may not be able to find a new tenant mid-term

[excon]

They have not said that she does not have a lease if she does not get one--they are very wishy-washy--

Hello again, v:

Yes, they are wishy washy... and that's going to work in your favor...

The law says that if she doesn't resign the lease, the rental converts to a month to month with the SAME terms. THAT might have been a better option.

But, if she resigned, and THEY DID TOO, and she has a copy with their signature, then I suggest the request for a guarantor is moot.

I say that, because the law says that if a right isn't pursued when noticed, it can be considered to be waived. There's a legal name for it that escapes me right now... But, because 1) they didn't require the guarantor BEFORE she signed the original lease, and 2) because they didn't evict her when they were put on notice, their right to a guarantor is waived.

At least, that's the position I would take with them, unless your daughter wants out. You didn't say.

If she DOES want out, certainly she can use their letter as the basis for leaving. If she wants out, she should write them a letter telling them she is unable to comply with the REQUIREMENT, and therefore, must vacate. She should request 30 days in which to do so.

If she wants to stay, she should write a letter to the landlord stating what I said above, unless you think they're going to forget about it again, like they did last year...

The letter should be sent certified, return receipt requested.

excon

[AK lawyer]

I think there is confusion over the use of the word "resign". I suspect the OP means "re-sign", i.e.: sign a lease again (or "renew"). Some of us are thinking that the OP means "give up", "quit", etc. in that sense of the word "resign".

Any event, don't sign as guarantor. The land lord has just realized, after your daughter has (perhaps) suggested that she will be moving out, that they should have asked you to guarantee (co-sign) the lease because, while your daughter is liable for breaking the lease, it may not be cost-effective for them to sue her and try to collect a judgment. It would be much easier to get you to pay the penalty, if you had co-signed the lease.

Don't sign it!

But, if she resigned, and THEY DID TOO, and she has a copy with their signature, then I suggest the request for a guarantor is moot.

Right. If a new lease contract was signed by both parties (daughter and landlord), the LL can't insist on a guarantor. On the other hand, the LL can basically insist on the rent for the duration of the new lease, or until a new tenant is obtained.

[Megan2345]

You should be able to break the lease for a fee.

My bad. I'm in Minnesota and I've never come across a lease that doesn't have the option to get out of the lease early for a fee.

[AK lawyer]

option to get out of the lease early for a fee.

Ya, sure, if there is one.

The point is, if the tenant wants out early, she is going to be liable for something, option price, rental payments for the remaining term, whatever.