Co-signer obligations.
To make a long story short I just left my apartment half way through a lease due to my roommates complete disrespect. I now have to pay a reletting fee of 544 dollars. Her step-dad is my cosigner so if I cannot (or will not) pay it is he legally obligated to do so in my place? Also, what if anything, can he do to me if he has to pay it?
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20 Answers
He could take you to small claims to get his money back, and technically, if he has the right documentation, he could report the debt to credit reporting agencies or turn you over to a collection agency. That probably wouldn’t happen, but if he DIDN“T pay it, both he and you and anyone else on the lease could be sent to collections and have the information affect your credit rating.
You could walk away, and I’d bet dollars to dounuts that Mr. Step-Dad will pay the bill, and he can do very little to you. If he wants to file a judgement against you he can, but it is a feable attempt to collect. The chance that a private individual reporting derogatory information to the creidt reporting agencies, is slim to none.
Daddy will pay your half of the rent if you walk, and turning you to collections would cost more than the amount that you owe.
This is a moral issue, not a legal one. I dealt only with the legal side, someone else can speak to the ethical or moral issue here.
@Mizuki
Walking away seems like a great idea right now the only thing holding me back from that is the fear he might sue me or something ( which I guess he could but I doubt it). I would feel no remorse in doing so as she is a (pardon my french) completely inconsiderate bitch.
How much time would it take to sue you? Is he a lawyer? 9 times out of 10, it takes too much time and too much money to sue.
The guy is primary signer on the lease, he is the bagholder. this is what co-singer’s do, they are bag holders.
The only negitive consequence I can think of is a bad rental reference, but I totally doubt you will have to pay anything.
So what did they do to you to make you want to leave?
If he does take you to small claims, just be prepared to pay it off before you get there. Then show up at court with proof that you paid it. (make sure you show up though!!) The judge will dismiss the case and you should be fine. Like I said, the only problem would be if he chooses not to pay it either. Then both of you would get sent to collections by the Landlord. If he does pay it it shouldn’t be a bad rental reference for you.
@Mizuki
Well short version, she smokes weed in the apartment without ventilation all the time so everything smells, I’ve asked her to open a window, she won’t. She has people over at two in the morning when I have class at eight in the morning, even though I’ve told them multiple times to be quiet, she doesn’t care. Her dog sheds everywhere and it takes her forever to vacuum. There is more but that’s the gist of it. I doubt he will do anything Judi he doesn’t seem like that kind of person, plus he wouldn’t mess with his or her credit over it.
When I used to manage on site I would give my “mommy lecture” to room mates and co-signers.
Bottom line, choose your room mates carefully. With my contracts your obligations are the same as if you were married. if one party does not pay, then the other is responsible. If one party causes problems then it effects both of your rental histories. Sorry you had to learn the hard way.
Whether or not you like your (soon to be ex) roommate,
it seems wrong to shaft the person (even if they’re related)
who was kind enough to co-sign your loan in the first place.
Update
Well I guess I will just pay the reletting fee to get off so it doesn’t affect my credit. Her parents have called me saying her friend is moving in and going to get on the lease so I’ll pay to get off this one so they can start a new one. Her parents know they are my co-signer and they have said they won’t pay the fee if I don’t. At least I learned a good life lesson I suppose. Although I still feel I got jerked around.
How much are tehy charging you?
OUCH! and She’s keeping the apartment??
If that’s what it takes to disassociate yourself from the deal and not be responsible after she trashes the place then I guess it’s OK. I don’t understand why you have to pay a re-letting fee if you guys found a new room mate. I would make sure that you give the money to the manager and get something in writing that says that they will no longer hold you responsible for anything connected with the apartment. If you’re paying that much you better get some written assurance (and a receipt) in return.
Well Judi, I was meaning to ask you can’t you just switch people on a lease? I was under the impression you could but her parents said nothing of that (they could very well just want me to pay).
Don’t talk to her parents, talk to the manager. (also, tell the manager why you’re moving.) What state do you live in?
Worst state to rent in, but talk to the manager anyway. Texas does have some of the best managers I have ever met. I’ve been in the industry since 1985.
Ok I’ll do that, it seems I might be getting the run around. Thank you very much Judi!
the reletting fee is customary. thank your stars this is all
Not in all markets. I only charge a fee if I have to re-market the place. Since they did all the marketing I can’t justify a fee except maybe a nominal fee for the paperwork.
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