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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son signed a lease 4 bedrooms in a university style

Customer Question

My son signed a lease for 1of 4 bedrooms in a university style apartment building. The lease requires a guarantor agreement, which was never furnished to them. The lease was signed in January (2015). In May my son informed the property manager that his situation had changed and he would not be moving into the apartment. The lease does say that the lease is binding without the guarantor agreement, however the tenant will not be allowed to occupy the premises. Also in May, on several occasions I requested a copy of the lease, as did my son and was told we couldn't have a copy because it hadn't been approved and signed by the property manager. This was 4 months after the lease was signed. I sent a letter via certified mail stating my intent and received a copy of the signed lease after the letter had been received. My question is, if the lease requires a guarantor and it isn't supplied within the noted 7 day period is the lease enforceable. The lease says it is, but is it REALLY?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. The short answer is yes, the lease should be enforceable IF it says that it is enforceable without the guarantor agreement. The reason is that the terms of the contract are what obligate and bind all of the parties to the the parties can agree to whatever they like....and if the landlord wants to make this provision and accept the lease without the guaranty, then that's up to him/her. The guarantor agreement is just additional security for the landlord since most college students don't have income or property to attach if a judgment is obtained after suing for the breach of the lease. So, not having the agreement likely helps your son and you in this instance.....because it makes it much less likely that the landlord will sue.
Expert:  Roger replied 2 years ago.
So, the lease wouldn't be invalidated by the absence of the guarantor agreement per the lease terms......and the landlord would be entitled to enforce the lease against the signing tenant. But, the landlord also has a duty to mitigate his damages by re-renting the property as soon as possible....which would relieve your son of his obligation to pay rent going forward. However, your son would likely be required to pay rent until a new tenant is found.

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