At what point is a cosigner on an apartment lease held responsible for unpaid rent? And at what point is the active tenant evicted?
How long must an account be delinquent before the apartment manager contacts the cosigner and tries to collect money for unpaid rent?
In this case , does the residing tenant get to continue living in the dwelling and fulfill his or her one year lease? And collect the money from the co signer after the year is over and the tenant is ready to move out?
Or do they evict the active tenant right away , while continuing to collect unpaid rent rent from the cosigner?
- SCATTY cLv 69 months agoFavorite Answer
How long must an account be delinquent before the apartment manager contacts the cosigner and tries to collect money for unpaid rent? - Up to the landlord, but most will chase for payment as soon as the rent is late
In this case , does the residing tenant get to continue living in the dwelling and fulfill his or her one year lease? - yes, the landlord is getting his rent if the co-signer is paying it
And collect the money from the co signer after the year is over and the tenant is ready to move out? - no, once say November's rent is late, the co-signer will be chased to pay it... if its paid, tenant should be OK. If co-signer won't pay, then eviction proceedings will probably start
Or do they evict the active tenant right away , while continuing to collect unpaid rent rent from the cosigner? - again up to landlord. If he is getting his rent, then tenant can probably stay, although tenant probably won't get his lease renewed at the end of it
- No MercyLv 79 months ago
first the tenant is evicted for not paying rent, then he is sued for back owned rent, then if court makes the decision that the former evicted tenant owes back rent the collectors will come after the former tenant, if he|she is unable to pay THEN they go after a cosigner. what da fck the rest of the people are saying that co signer will pay every month is beyond me. why would he|she do that? if there is no court order to pay back due rent why would anyone do that? they would just vacate the premises after living there for free. I mean DUH
- babyboomer1001Lv 79 months ago
Notice need not be given to the co-signer. If rent is not paid when due by the tenant, the landlord has a right to take his money from the co-signor's account. He can choose to evict the tenant right away or he can hold off for as long as he wants to. If he is getting rent money from the co-signor, he might decide to hold off eviction until the money runs out. It's up to the landlord.Source(s): Certified Paralegal,with 25+ years' experience & with Landlord & Tenant law experience.
- sunshine_melLv 79 months ago
The co-signer is immediately responsible once rent is unpaid.
If a tenant fails to meet their lease requirements (which include paying rent), they can be immediately evicted. The unpaid rent would still be payable.
- How do you think about the answers? You can sign in to vote the answer.
- JudyLv 79 months ago
No minimum time, could be one hour. Normally would be a couple weeks or more. The deadbeat tenant could then continue to live there for the term of the lease as long as the rent gets paid by SOMEone.
- Anonymous9 months ago
With rent, it's due and payable on a certain day. If that day is the 5th, on the 6th the landlord will collect from the co-signer. On the rest, you seem to think a year lease means the total yearly rent is due at the end of a year. It doesn't work that way. Rent is to be paid monthly by a certain date. If it's overdue, the landlord will begin eviction proceedings. This is a legal thing, not simply a sign posted on a window. This matters, because once eviction has begun, both the tenant and the co-signer will have big problems ever renting again.
- SlickterpLv 79 months ago
At any point at which money is owed. When the manager chooses to contact the guarantor is up to them.
If the guarantor pays, then the rent is paid and the tenant can stay. If the rent is not paid, they evict.
- MaxiLv 79 months ago
Really up to the landlord, some would make contact with the co signer( guarantor) if they are not being paid rent by the tenant, as both tenant and guarantor atr legally liable to pay it and of course it is the guarantors as well as the tenant credit record which will be affected should the landlord be forced to take it to court....
- Casey YLv 79 months ago
The landlord has no obligation to notify the co-signor of anything other than their eventual demand for the balance of unpaid rent. This would often come after the eviction has already happened.
Most would contact the co-signor though, easiest route to take if you can get them to pay up before eviction.
- SimplytheFACTSLv 79 months ago
there is no law on this...and actually the landlord does not have to contact the cosigner, landlord only need to contact 1 person on the lease...its up to them to contact their cosigner.
a landlord can issue a pay or quit notice the day rent is late, and move to eviction a few days later (typically 3-7).
it would likely be smart (unless of course the co signer can't actually pay) to contact the cosigner before going through the hassle of filing an eviction.
once the lease expires, the cosigner can terminate their obligation...if tenant refuses to agree and landlord won't sign tenant alone, cosigner may need to take legal action to get removed.
if the cosigner pays, tenant stays