Friday, July 16, 2010

I am a co-signer on a month to month rental lease. Can I get out of the lease?

I co-signed for someone for an apartment who turned out to be not so good of a friend. I am really worried that I am going to get stiffed with the bill. Is there any way I can leagally get out of the lease.I am a co-signer on a month to month rental lease. Can I get out of the lease?
Read the lease very carefully, then try to give a full month notice that you will not longer want to co-sign, but do not be surprise if the landlord will not release you from the co-sign





if that is the case you may need to hire a lawyer, for it may cost some bucks but if you feel the person is going to be a problem better to spend the monies now and get off then be liable for rent and any other damages that may occur to the unit we could be talking thousands of dollars potentiallyI am a co-signer on a month to month rental lease. Can I get out of the lease?
You are bound to what you signed for the duration of whatever it is you signed. I'm not sure what you mean by a 'signed month-to-month lease', since that is similar to having NO lease at all.





You will need to read whatever document you signed to determine what it is you are bound to, but the net result is that you ARE bound. You cannot unilaterally remove yourself from such a guarantee.
If it's a month to month lease, all you have to do is turn in your notice that you are leaving. If you get stuck with the bill, you could just pay your half of it, but there is no guarantee your credit will not suffer if your ';friend'; doesn't pay their half. You can pay all of the bill and then sue for half + court costs. But there is no legal way for you to get out of paying the bill altogether.
You need to read over your lease. It should tell you how much time in advance you need to give notice to the leasor. Since it is month to month....it should be pretty flexible. Its different when you do a year lease, because you would be obligated to pay a penalty for breach of contract or perhaps pay a percentage to cover the year lease. That is clearly not your case. Both you and your friend do need to come to an agreement to when you will be moving out and/or go speak to the leasing office manager and find out your options. Hope this helps..
I am no lawyer, but I believe that you just need to give the landlord a month notice. Tell the landlord you are going to leave.





Then it will be your not so good of a friends problem if they decide to stay!
You should be able to get out on a month-to-month lease.


I can see where they could hold you on a note for a year.


All leases should have a specific time to expire. Talk to the manager. If you can't get out, ';see an attorney';.
If you are a co-signor then talk to the tenant you co-signed for and have them give minimum 30 days notice of lease termination or have the tenant look for another co-signor.
It could depend on terms of the lease you signed. Hopefully you have a copy of that, and can review the terms. If not, you still may be able to get out. Since it is month-to-month, you may be able to get out by giving a full month's notice to the landlord. That would probably mean that your co-signer would have to come up with another co-signer or move at the end of the month. Talk with the landlord, it can't hurt.
With 30 days WRITTEN notice you should be able to.
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