California Apartment Association

Question: A couple recently applied for one of our vacant units. They have jobs but do not quite qualify for the unit (they need to make three times the amount of the rent). They said that his father would be willing to co-sign as a guarantor in order to qualify. How should I work this arrangement on the lease?

Answer: Guarantor agreements are separate and distinct from the lease and may be rendered void if the lease is modified without the knowledge or consent of the co-signor or guarantor. Carefully drafted guarantee agreements can eliminate this risk.

Question: One of my two tenants on the lease moved out due to a job transfer. The remaining tenant would like to stay and pay the entire amount. Do I need to write up a new lease or simply prepare an addendum stating the remaining tenant is solely responsible?

Answer: You can either have the tenant sign a new lease or just keep the current one in place. There is no need to have a new lease drawn up unless you are changing some of the terms and the current resident is in agreement.  Each resident is already obligated to pay the entire amount of the rent under most leases if they have a clause that states the residents are “jointly and severally liable” for all requirements under the lease including the payment of rent.

Question: The money judgment I received in my unlawful detainer (eviction) case does not include physical damages made to the apartment. Since I already filed a money judgment, will that prevent me from getting a judgment for the damages made to the apartment later?

Answer: The unlawful detainer judgment only allows a judgment comprised of rent up to the time of possession, or if a trial, up to the date of trial, court costs and attorney’s fees. Any other item owed by the tenant can be pursued in small claims court.

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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