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My son has a college apartment and we need to break the

Customer Question
My son has a...

My son has a college apartment and we need to break the lease. I signed as a guarantor when he was 17, but for the last 2 years he has renewed the lease on his own. The rental company is stating that I am responsible as well.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Lease term ends July 31, 2018. Problem is that in November he renewed lease for another year beginning Aug 1 and end July 2019. Leasing company i He is19 years old and will not be going back to college there

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was his guarantor when he was 17, but not for the subsequent leases he signed, leasing company is stating that I am still responsible

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
4/2/2018
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,279
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Does the guaranty state that it terminated at the end of the initial lease term? Many provide for continuing liability if the lease is renewed or while the tenant remains in possession.

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Customer reply replied 2 months ago
Im not seeing that on the original lease. Because he was 17 at the time I signed the original lease as the tenant. This was August 1, 2016-July 31,2017. The following years my son renewed by himself, so his name is ***** ***** lease
Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If the guaranty has a provision stating it terminates if the tenant renews or upon the expiration of the original lease term then you would have no liability.

However, you will want to check the terms because most provide for continuing liability and that would mean that you are liable as a guarantor for any renewal periods.

I am sorry. I wish I could tell you otherwise, but I do not want you blindsided by liability.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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