Can the cosigner give a 30 day notice whenever they want even though they don't live in the apartment?

Asked over 3 years ago - Carlsbad, CA

My mom is mad at me and she is the co-signer of my lease. She called the landlady and gave her a 30 day notice. My mom said i have till the end of the month to get out. I have paid the rent but it has been late but I paid the late fees along with the rent. I have yet to miss a rent payment. Can she do this? Is this legal? What can I do, so I can have a place for my kids and I. This is my mom's way of forcing us to move to florida and move in with her? Desperate in need!

Attorney answers (2)

  1. Richard C Koman

    Contributor Level 13


    Best Answer
    chosen by asker

    Answered . Your mom is not the tenant. It sounds like she is a guarantor of nonpayment. In that case she has no rights and only liability. In any case, call the landlord and rescind the notice, apologize for your mom's behavior and make it clear that mom is not the tenant and cannot give notice. Most importantly pay the next month's rent immediately (or even early) so that the 30-day notice is ineffective.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . When you say "co-signor", is your mom a co-tenant on the lease or a guarantor on the lease?

    I suggest you speak with the landlady to ascertain whether the landlady is willing to keep you as a tenant. The decision is really up to the landlady.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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