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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116716
Experience:  Attorney with over 24 years experience.
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My sister's apartment is up in September. As her brother, I

Customer Question

My sister's apartment is up for renewal in September. As her brother, I consigned two years ago and have payed her monthly rent of $1245.00 for the last year and half. She currently receives $990.00 a month from Social Security Disability plus food stamps after having two TIA's which made her unable to work. We both did not resign last year. A clause in the lease states that if you don't sign and are still living in the apartment after the new lease year begins, it's as if you had signed. Therefore, you have a lease for another year.
We won't resign again. My sister is on a list in a different town for Section 8 housing. She was told that she still has a long wait for an apartment. Getting affordable housing for her is extremely difficult. Obviously she can't move out of her current apartment.
If we both don't resign for a second time, and I being the cosigner, can I be off the lease as a cosigner? Just by not having resigned for a second time. Or does the original lease still hold up with my name as a cosigner? My sister lives in Bloomingdale, NJ (Passaic County).
Thank you,
Bill Brady
Ridgewood, NJ
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

So, this is an auto renewal clause. If you did not sign a new lease and this one auto renews, you remain as co-signer. The only way you can get out of being co-signer would be if they let her sign a new lease without a co-signer. The original lease continues and you would remain a co-signer if she does not sign a new lease.

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