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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37803
Experience:  16 years real estate, Realtor. Landlord 26 years
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I co signed daughter on a lease, tried giving notice last

Customer Question

I co signed for my daughter on a lease, tried giving notice last year landlord would not take due to it was only 60 days not 90. lease renewed i never resigned a new lease, I sent a letter this Jan giving notice I will no longer be renewing and asked landlord if she could work with us by trying to rent the house earlier do to the lost of my daughters job, landlord did not reply to notice, my disabled husband and I have struggled to make payments 2700 last month due to my daughter not telling us she did not have the money to pay and now my daughter is moving for a new job in ohio the landlord is making me pay the last 3 months of the lease i did ask the landlord again can she try renting before the end of the lease since my daughter will have vacated the property this friday. lease states only milatary orders would get her out of the lease. If i don't pay the remaining payments what is the outcome in court, will the court allow me to make payments on the rent owed. I can make payments but i cannot come up with an additional 3600 till the end of the lease. Also the landlord states in writing that my daughter is getting high and the harassing the neighbors. Not true
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If the lease automatically renewed prior to you notifying the landlord that you would no longer be a guarantor, then you are kind of stuck on as a guarantor if daughter doesn't pay the rent.

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If you were to stop paying the rent when daughter moves out, then the landlord will then have a legal duty to mitigate his damages by trying to re-rent the property. Then he can only hold you liable for any lost rent until he does so.

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So it might be best to stop paying so you force his hand to try and re-rent the property. If you continue to pay the rent, you aren't in breach and he has no legal duty to try and re-rent it. You actually have to break the contract to force him to try to re-rent.

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If you breach and it takes him a month to re-rent, then that is all he can hold you liable for. If you didn't pay it, he would have to sue you in court to get a judgment against you and then he would have to try to collect it by doing things like garnishing any paycheck or levying on bank accounts.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister