Q: Guarantor for Aparment
I've applied for an apartment in Los Angeles with a Guarantor. The realtor is saying the Gurantor must commit to more than the one year lease. Can they insist on this?
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A:
Under California law, landlords and property managers can set requirements for guarantors as part of their screening process, though these requirements must be reasonable and non-discriminatory. While it's not uncommon for guarantors to be asked to extend their commitment beyond the initial lease term, this isn't strictly required by law.
Your realtor's request suggests they want protection in case the lease converts to month-to-month or gets renewed. However, you and your guarantor have the right to negotiate these terms. The guarantor agreement should clearly spell out the duration of the commitment, and you can try to limit it to match your lease term.
Consider discussing this requirement with the property manager or landlord directly, as they might be flexible on this point. You might also want to review the specific guarantor agreement with legal counsel before signing, since guarantor obligations can vary significantly between properties. If this requirement seems too burdensome, you could explore alternative options like paying additional security deposit or prepaying several months' rent, if permitted by local regulations.
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