Legal Q&A: Burglary claim believed bogus

July 22, 2015

Question: I have rented an apartment to an unmarried couple. The boyfriend’s mom is the co-signor. The boyfriend is moving out and wants his and his mom’s name taken off the lease. I don’t care if the boyfriend leaves, but I think his mom is still responsible. Am I right?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: Most co-signor agreements, also known as guarantee contracts, provide that the guarantee of performance is through the term of the lease. If so, the mom would most likely remain responsible, even if her son moves out.

Question: My tenant has some damage to the outside window to the house I rent to them. The tenant claims the damage was done by a burglary attempt, but I suspect they locked themselves out and damaged the window when trying to get back in. Who is responsible for the repair?

Answer: Unless proved otherwise, damage caused by unknown third parties, acts of nature, or unexplainable are the responsibility of the landlord.

Question: In a co-signer situation, what forms do you recommend that the co-signer sign along with the tenant?

Answer: They should sign a separate guarantee agreement that has been reviewed by competent counsel.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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