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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42327
Experience:  Texas Attorney for 30 years dealing in real estate
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In the state of, my son signed a one year lease agreement on

Customer Question

In the state of virginia, my son signed a one year lease agreement on an apartment. He cannot afford the rent. He was required to have someone cosign the lease agreement. I agreed, and he moved in two months ago. The lease company never sent the cosign agreement to me, and so the cosign form was never signed. So it seems (by their requirements) that he is not a tenant by their definition...or is he? After all he signed it. It could be argued though that they never accepted the agreement, as there was never a cosignature.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

He is liable here for the lease only if he signed it.You did not sign the guarantee so no liability to you in this situation.He may want to check into subleasing the property and otherwise resolve the lease.

If he signed a lease he is likely liable so subleasing or other resolution may help him resolve the lease.If he subleases he usually remains liable for a default until the end of the lease.

They cannot hold you liable here if you did not sign the lease or otherwise guarantee payment.He may be able to raise these issues to try and get them to terminate the lease and release him or at least allow a sublease to someone else if he can find a subleaser.

It certainly is an issue to raise with the landlord in seeking to resolve the lease and be released.It appears to be an incomplete lease.This does keep you from being liable in this matter.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 2 years ago.

Good reference here , there are places that may be able to help him...