Thursday, August 19, 2010

A few yrs ago, I co-signed my mom on a rental lease because she has bad credit. Now, she received an eviction?

notice and although she is the only person named as a defendant on the notice, my name is listed under the occupants section. Will this affect my credit? Please only respond if you have experience within this area. Thank you.A few yrs ago, I co-signed my mom on a rental lease because she has bad credit. Now, she received an eviction?
As the co-signer any collections will go to both you are her until one of you pay it off. The collections will effect your credit, the eviction will only be recorded on hers though.A few yrs ago, I co-signed my mom on a rental lease because she has bad credit. Now, she received an eviction?
The best answer I can give you with the information that I have is ';Maybe. maybe not';. I'm operating on the assumption that the lease you mention has expired, and that you didn't co-sign a subsequent lease, or a renewal of the first.





If your mother entered a subsequent lease *alone*, you're off the hook. You can't be held liable for defaulting on a contract you weren't party to. The landlord CAN have it put on your credit report, but if he does, you can file a dispute with the three agencies and have it removed.





If your mother didn't enter a subsequent lease alone, the original lease likely auto-renewed, or became a month to month tenancy (under which the terms of the original lease still applied -- if either's true, you CAN be held liable). You'll want to read over the terms of the lease you signed. If you don't have a copy, and your mother can't provide one, request one from the landlord or property manager [write a letter, make a copy of this letter, and mail the original CERTIFIED MAIL, RETURN RECEIPT REQUESTED. When the receipt arrives, store it with your copy of the letter].





You can also try asking the property manager or the landlord what this means for you. If they say that you're not liable, ask them to put it in writing.





In the future, don't co-sign for anyone unless you have money to burn and a pyromaniacal streak, ever dear old mum. It sounds cold, but it's not.
If the eviction is reported to a credit bureau as a bad debt, then it will be tied to your credit also. Co-signing on a rental agreement is just like co-signing on a car loan. If the payments are made when due, you are responsible also.

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