Q: My daughter lives in an apartment complex by university and I signed original lease as the guarantor.
After the first lease expired, my daughter signed an addendum with property management, but without my signature. Can you tell me if this is legal for the property management to hold that as a binding contract when I didn't sign anything for the new lease that started in Aug 2022. The property management told me it didn't matter since I signed the first one. When I look at the amendment to the lease it states "The landlord, resident (my daughter), and Guarantor are parties to the lease agreement for the premises described above (the "Lease Agreement"). Landlord, Resident, and Guarantor hereby modify and amend the Lease Agreement. They tell me that it doesn't matter if I signed or not because I signed the original, but everything that I am reading, I should have been notified and they need my signature for my daughter to renew lease. What if my daughter and I had a following out? Is this legal and do I have any justification for her lease to be terminated immediately?
A:
It depends on the language of the original lease and guaranty you signed.
Some give the Landlord and Tenant authority to renew, extend, or modify the terms of the lease without the express agreement of the guarantor.
You almost certainly don’t have the right to terminate the lease. If, under the terms of the documents, your guaranty no longer applies, your daughter and her landlord still have a lease.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.