Legal Question in Landlord & Tenant Law in California

Re: rental co-signer

I hate to be the bearer of bad news, but in this case, not only is your credit at risk, but your pocketbook as well. I cannot remember a time when someone came into my office (before signing as a guarantor or co-signer) and I actually told them it was a GOOD idea. It is almost always a bad idea to co-sign for someone as you have zero control over what they are going to do, and if they needed a co-signer or guarantor, they probably can't afford or shouldn't get the credit they are seeking.

That being said, as a co-signer, you are equally responsible for the lease agreement as your friend. That means if he completely fails to deal with it, or even partially, the landlord will look to you to make up whatever your friend does not pay. If you simply pay what your friend did not, you can salvage your credit, but it could be very expensive.

Commercial leases are very different from residential leases. In a residential lease, you can only be liable for rent through the date that you actually surrender possession to the landlord. In a commercial lease, you can be liable for the entire amount of rent due under the lease (through the end of the term) regardless of when you surrender possession. There are ways to negotiate around that (sub-leasing for example), but all of these require the landlord's cooperation and consent (unless your lease says otherwise). So, there is no indication where you are in the lease term, but if there are four months left, you could potentially owe all back rent plus the remaining four months. The fact that you were not occupying the property nor running the business is no defense.

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Re: rental co-signer

Yes!!!!

Never, ever co-sign.......EVER!