Co-signed lease

dankstersauce

dankstersauce

Bluelighter
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Jul 23, 2004
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My friend recently got an apartment with his girlfriend. they both signed there names on the lease. for reasons i'd rather not get into, they broke up like a week or two after it was signed. it was a 6-month lease.

now my friend is fucked because he is left paying $600+ a month, and he totally was planning on spliting the rent with his girlfriend. i was wondering what his options are? can he take her to small claims court n make her pay half?

right now i'd say it's a 85% chance they're not gettin back together. i'm just tryin to look out for my boy who got stuck paying this lease for the next 6 months. like i said they both have their names on the lease, and agreed to split the rent. any help?
 
has the girl moved out of the apartment? if your friend is living at the apartment by himself, as a co-signor he can definitely be held liable for all of the rent by the landlord. even if his girlfriend is still living in the apartment and defaulted on payment, your friend, as a surety, is still liable for the full payment.

now depending on where your friend lives, in many cases, a person can recover against a roommate who vacated or did not give proper notice. your friend acted to his detriment and has suffered a loss by relying on what his girlfriend told him. small claims court is probably the way to go. in most jurisdictions, small claims court is the venue for claims under $3000-$5000 with no attorney required. some municipalities have a web site explaining the small claims process. absent that, your friend can call the claims court in the area where the apartment is located for further instructions.

ideally, it is best to have a written notarized agreement prior to moving into an apartment with another person where the rent is shared.
 
Your boy is liable for the rent. Shitty. That is why I never co-sign for shit. He can get a lawyer but wouldn't a room mate be less time consuming and more cost effective?
 
the girl never lived there at all, she spilt before she even moved in. but her name is on the lease.
a roomate has just moved in, but i was just wondering what his options were. i feel bad for him tho, he loved the girl and all shes worried about is her credit.

thanks for the help
 
if a new roommate has moved in, someone to take his ex's place, then your friend can only recover for the period of time when he was stuck paying the whole rent (due to his ex's absence). the ex's liability for half of the rent is effectively over once someone else moves in. now -- if your friend is smart, he will draw up a simple written agreement for his new roommate to sign. this is especially important if the new roommate is not on the lease as a co-singor.

and perpetual indulgence is right -- NEVER co-sign for something unless you absolutely have to. by co-signing you are liable for the entire amount of a loan, rent, etc. should the other signor default.
 
Yeah, he is liable to pay all the rent now...but tell him to GET HER NAME OFF THE LEASE AGREEMENT right away...in case she gets all evil.
 
dankstersauce said:
the girl never lived there at all, she spilt before she even moved in. but her name is on the lease.
a roomate has just moved in, but i was just wondering what his options were. i feel bad for him tho, he loved the girl and all shes worried about is her credit.

thanks for the help
Click to expand...

Her credit will be fine provided your boy pays. Apartments do not report to the credit bureau unless you default or are evicted... In that case a "forceable detainer" is filed which shows on the credit bureau as a judgement...
 
If there was a security deposit laid down, I think he gets it after the lease term is up.

I just put my boyfriend on my lease. I said I never co-sign but I have nothing to lose here. If the arrangement doesn't work, he leaves. It has been my place for 2 years and I can afford it alone.

I did find out if I move out...he is entitled to my security deposit. That does not sit well with me. I had him sign a document trussed up by a lawyer friend stating his relinquishes entitlement to the security deposit. I don't know how legally binding it is but I feel better that we discussed my concerns.

Do I think he would even bother trying to get something that was not his? No but people change.
 
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