1

If someone co-signs for an individual to get into an apartment, and does not live with the person in the apartment. Then, years later after the person in the apartment has renewed the lease at least 5 times without the co-signer's consent or involvement, the tenant dies... is the original co-signer in any way responsible for any remaining rent or cleaning fees?

1
  • 1
    If the co-signer didn't sign the current lease, then no, not responsible. – mkennedy Sep 13 '16 at 19:37
2

There was presumable a separate co-signer agreement document, so let's take this sample to be representative. In this case, note that it states "This Cosigner Agreement shall remain in full force and effect throughout the term of the lease period regardless of any extensions and/or changes in terms unless specified otherwise in writing by Landlord". That lease would have expired years ago, and with it, the obligation embodied in the agreement; the landlord presumably renewed the lease without a co-signer, in subsequent years. The only imaginable way that a co-signer agreement could still be in force would be if it explicitly said the agreement automatically renews, until terminated in a specific way. There are state laws regarding automatic renewal clauses, so if there is such a clause, then its enforceability would depend on things like not conspicuous the clause is and whether the deadlines are legally acceptable in that state.

1
  • This makes sense and is in line with what I was thinking as well. It did not seem to make sense to me that a co-signer could potentially be held perpetually captive if a person were to continually renew a lease. Otherwise it would seem each lease renewal would also need the consent of the co-signer. – Anthony McCloskey Sep 13 '16 at 19:58

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.