Legal Question in Business Law in California

i signed as a guanantor on a month to month rental agreement. how can a get removed from this obligation with the landlord?


Asked on 5/15/10, 5:20 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You can't. He has no incentive to let you off the hook for liability for the 'friend' you helped.

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Answered on 5/20/10, 6:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Things like this are all based upon contract. The lawyer's first reaction is always going to be, "Well, what does your contract say?" Obligations assumed by consenting adults usually stay in place until the house is built, or the widgets are delivered, or the promissory note is paid, or whatever else the contract is about is accomplished. If your guaranty doesn't have a termination date, express or implied, it'll remain in place until the month-to-month tenancy is discontinued by the tenants, or until you can cut a deal acceptable to the landlord. You may have more ability to influence the tenants than to influence the landlord, so maybe you should ask them to renegotiate or move.

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Answered on 5/20/10, 7:30 pm
Kevin B. Murphy Franchise Foundations, APC

Any attorney will tell you you can't, unless the landlord decides to release you. So, what incentive does the landlord have in this case? Very little, so you would need to make him or her some kind of offer - most likely money. Consult with an attorney in your area for more specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/21/10, 7:02 am


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