Q: My daughter lives in New York City and co-signed an apartment lease with my wife and I as guaranteers.
The landlord is threatening to sue my daughter for supposedly back rent and the back rent of others who he allowed to live in the apartment at the same time my daughter did. He is sending threatening email and text to my wife and I as well. My wife and I live in Arizona. My daughter requested a copy of the lease and never got one. All my wife and I got at the time of lease signing was a copy of some document to sign as guaranteers. The landlord threatens that the credit of all involved will be affected adversely. He is filing suit this Monday, September 20th. If my daughter has to go to court am I immediately liable as well? Do I have to appear in court as well?
A: When tenants sign a lease with co-tenants or have roommates live with them and share rent expenses, the landlord can hold either tenant responsible for the full amount of the rent due under the lease. Unless a guaranty is limited in some manner, the guarantor obligates him or herself to do likewise. The guarantor has to go to court or file an answer if the guarantor is sued.
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