My parents have signed as guarantors on my lease. What does that mean and are they liable for
rent if I don't pay?
A. Having signed as guarantors on your lease, your parents have co-signed the lease and thus agree
to pay in the event you fail to make the rent payments.
Your parents' agreement to pay is for a specific period of time. If your lease is a one year lease
then they agree to pay rent in the event you fail to do so. They will be liable for unpaid rent that
was due during the original term of the lease.
If you enter into a month-to-month tenancy after the first year has ended then the lease must specifically
state that the guarantor's obligation is of a continuing nature beyond the original one year term of
the lease. In other words, your parents' obligation to pay if you fail to do so continues with your
month-to-month tenancy.
If your landlord has failed to include such language in the lease then your parents'
obligation ends when the original term of the lease ends. If your landlord has attempted to include
such language to bind your parents after the original tenancy period ends but his language is
ambiguous then a court will construe the lease against the landlord and your parents will not be liable.
Yearling Properties, Inc. v. Tedder, 53 Ohio App.3d 52 (1988).
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Disclaimer: The information provided on ohiolandlordtenant.com is not intended to be legal advice, but general information related to legal issues commonly encountered. The law in your state may be different from that discussed here. The facts in your case may be different too.
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