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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101755
Experience:  Attorney
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I co-signed apartment daughter to rent in 8/16. I am no

Customer Question

I co-signed for an apartment for my daughter to rent in 8/16. I am no longer able to be the co signer due to losing my job ( I do not meet the income requirements). The only way they would lease to my daughter is with a co-signer. I called the apartment complex and explained my situation and I was told she has three options:
1. Find a new co-signer
2. Sublet the apartment to someone the apartment complex has approved to sublease from them but she (and ultimately I) would still be responsible for the any part of the lease that was not fulfilled as well as any damages to the apartment that may have occurred.
3. Pay the lease in full.
I then pulled my lease that I signed with the apartment complex to review the sublease option ( I was told all the information was in the lease I signed by two different ladies working in the office) only to see that the lease I signed did not included any of this information. As I was explaining this to my daughter, she sent me a copy of her lease and they are two completely different leases that we signed.
My question: When signing a contract/lease, do both parties sign the same lease agreement?
The other issue is they have rented my daughter a two bedroom apartment but the apartment complex showed, and made her pick the bedroom of a three bedroom apartment (bedroom "c" to be exact) as that is what she went to rent in this apartment complex.
What are my options if any?
Thank you in advance,
Jessica ****
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
This apartment complex is in San Marcos, Texas
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

"My question: When signing a contract/lease, do both parties sign the same lease agreement? "

Yes. Unless otherwise specified on the lease contract paperwork, the signor and co-signor sign under the same obligations. The landlord can pursue the signor and the consignor separately or jointly for the lease.

"The other issue is they have rented my daughter a two bedroom apartment but the apartment complex showed, and made her pick the bedroom of a three bedroom apartment (bedroom "c" to be exact) as that is what she went to rent in this apartment complex."

It does not matter what apartment they showed her; it only matters for what she SIGNED. They likely showed her the public example that they do to everyone, and naturally it is one of the better models. However the contract description controls what she is renting. It is like test driving a higher end car model, but then signing a contract for a lower model - the contract verbiage controls. And it is presumed that the person read whatever they signed.

"What are my options if any?"

I am afraid that there are few. Actually, the company did describe them - the 3 you mentioned earlier. The fourth one is to simply walk away from the lease. However they will get to keep the deposit and may even sue for breach of contract. In addition, this can hurt both your and her credit. Ergo, this option is not recommended.

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