lease question

[li10up]

I know some ladies here have some backgrounds in law and I need help. I co-signed a one year lease for my sister 14 months ago. I wasn't comfortable doing it but I did. The landlord said that I was on the hook indefinitely unless my sister signed a new lease. Is this right? If so, how can I get out from under this potential debt? BTW, we are in TX.

[Tuckervill]

Why won't she sign another lease?

There is probably a month-to-month clause, which means at the end of the 12 months, the lease continues in effect on a month to month basis (basically the term of the lease then goes to just 30 days, and renews automatically every 30 days). In that case, you ARE on the hook, because the lease is still in effect until she moves, they evict her, or she signs a new lease.

You need to get off that lease right away. But if she's paying month to month according to the terms of her lease, and she's going to move out within a month or two, there's no rush. If she's going to renew it, she needs to sign a new lease without you. They already know she can make the rent every month, so they have no reason to require you to still be on it.

Karen

[SouthernBelle]

I'm a lawyer and the laws differ from state to state. But what Tucker said is pretty much correct.

If your sister continues as a month-to-month renter indefinitely, You can probably give 30 days notice that effective at the beginning of the next month you are no longer responsible. However, that could also have the effect of the landlord giving sis 30 days notice to move.

YMMV by state.

[Flur]

As a signer of the lease you should have received a copy. If you didn't contact the landlord for a copy. The lease should explain the terms for default and the notice required to break the lease (important to know). You should also check the state and/or city laws regarding what happens when a lease term is completed and how/if you are liable at that point. Not all municipalities are the same. It's also important that you know if, when and by how much the landlord can raise the rent.

If it were me, and the lease was going to a month-to-month, rather than making her sign a new lease (often this gives the landlord the ability to raise the rent) I'd require my sister to give me "security" of one month, that would go into a savings account, the same way that it generally does when you give security for a lease. On a month-to-month, you are generally only liable for one month (again, check your local laws), so if your sis defaults you can use the security to cover and it costs you nothing.

[Mr. Bloom]

What about just providing written notification revoking the guaranty? It may not be specifically addressed in the lease, but if you do that, it may nudge the landlord to get a new lease signed...

[li10up]

Thanks for the help everyone. She is on a month-to-month lease right now. I've asked her to sign a new lease but she hasn't done so and I don't think she wants to commit for another year. They've had a few set-backs financially and I've already had to help them out several times. I had to tell her that they are now on their own after this last bailout. I do worry about her but I can't continue to be her safety net and I hate the thought of being in debt to anyone. I thought about writing a letter to the landlord and sending it certified mail but didn't know if that would be binding. Plus, I don't want to force my sister into signing another lease for a year. I guess I'm just stuck.