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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114057
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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MY BEST FRIEND HAS ASKED ME TO CO-SIGN FOR HER AND HER ...

Customer Question

MY BEST FRIEND HAS ASKED ME TO CO-SIGN FOR HER AND HER HUSBAND ON AN APARTMENT LEASE. TO MY KNOWLEDGE IF I DO THIS AND SHE DEFAULTS ON HER RENT, I THEN AM TOTALLY RESPONSIBLE FOR HER RENT FOR THE BALANCE OF THE LEASE OR UNTIL SHE CATCHES UP - AND AT THAT POINT HOW CAN I GET MY MONEY RETURNED.   SHE HAS ADVISED ME THAT THIS COMPLEX CAN DEDUCT THE RENT DIRECTLY FROM HER HUSBANDS SOCIAL SECURITY CHECK BEFORE IT ARRIVES. IF THIS IS TRUE, WHY WOULD THEY NEED A CO-SIGNER? IT SEEMS TO ME THAT A GOVERNMENT CHECK IS A FAIRLY GOOD CO-SIGNER. ALSO, WOULD IT BE TO ANY ADVANTAGE TO ME TO RENT THE PLACE IN MY NAME AND SUB-LET TO THEM - I COULD EVICT IF NECESSARY IN THIS CASE AND RE-LET TO ANOTHER AND MORE EASILY RECOUP MY MONIES THAN BY CO-SIGNING.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
You are correct in that if you co-sign they would come after you if there was any default on the lease. You would not be able to evict the person if you were merely the co-signer and not the co-lessee. Your only way to recover any money owed if the landlord comes after you for payment would be to sue this person. I never recommend co-signing for friends or boyfriend/girlfriend.


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Customer: replied 8 years ago.
Reply to PaulMJD's Post: WHAT WOULD BE MY BENEFIT IF I WERE TO BE A CO-LESSEE??
Expert:  Law Educator, Esq. replied 8 years ago.
As a co-lessee you would have the same rights to the apartment as the other co-lessee and as long as the lease allows you could seek to evict the friend for non-payment and could sub-let or let someone assume the lease. You should enter into a written agreement with the other lessee regarding this as well.