My daughter got married in 8/12, the lease was up in 9/11.They decided on a monthly agreement with the landlord and I only agreed for the 1 year as a cosigner which has expired because nothing else was said to me until she moved out of the apartment this month and the lanlord said I was responsible for them moving without a 60 day notice, not sure what he is talking about because I don't know of the new agreement,Am i responsible for this even though I don't know about it?The place was too small because she only had 2 kids then and she just had her babies (2) more.What am I suppose to do? The landlord said he didn't like her husband and decided to renew the lease with my name,how is this possible without my knowldge or agreement of the lease? Can you please give me some adive?
Depends on what the original Lease says, which I don’t have. Typically a residential lease for a term states that at the end of the term it becomes a month-to-month tenancy, cancellable on 30 days’ notice. The liability of the cosigner may also be spelled out in the Lease. You should either read the original Lease carefully or take it to a real estate lawyer for an opinion.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.
That being said, if the lease was renewed in your name only, I suspect that the landlord overreached. I'd need to see both leases, but generally you cannot be made a party to a contract that you do not agree to. If you only agreed to act as a guarantor for your daughter, but a new lease is created with you being the only renter, then it is unlikely that you will be held liable. Again, without reading both leases, I cannot tell for sure whether you are liable or not. A pure renewal of a lease that you originally signed that allows for renters to be terminated from the lease may create liability for you.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Bala Cynwyd, PA 19004
It sounds like you may need an attorney to review all of the various agreements - the original lease and guaranty and the new lease. With that said, from the facts you have stated, it seems unlikely that you could be bound to an agreement that you not only did not sign, but also to which you had no knowledge. The language of the documents is what will hold the correct answer to your question.
This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.
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