Legal Question in Landlord & Tenant Law in California
Co signor liability
I co-signed for my EX mother in law (with my ex-husband) 8 years ago for an apt. She has been evicted and the owner is threatening to sue only me for the rents past due. I have since divorced her son, and now have no relation to her.
However, the rent has apparently been increased over the years, but I was never notified. I was also not notified of any rent past due. I was only notified that she was being locked out in 5 days.
Question #1: Since the rent has increased and I have never been notified of the increases, (since I am the co-signor), am I liable for any rent increases above the original rental agreement? Doesnt this constitute a new contract that I must agree to when the rent has increased? So, isnt the contract now void because there was a change in the original rent amount?
Question #2: Since I divorced my husband, does that release me of any liability on the rental agreement, since she is now my EX mother in law?
2 Answers from Attorneys
Re: Co signor liability
In response to question number 1, yes, probably. If the terms of the contract were changed, and they were, then you are not bound by the new terms--generally, but there are exceptions to this rule. In response to number 2, a divorce does not release you from any liability you signed for. But then again, it appears you did not agree to co-sign the modified agreement, so you probably do not have any liability. Unfortunately, you may still have to pay an attorney to defend you.
Re: Co signor liability
RESPONSE TO Q#1 -- It depends upon the terms of the written agreement, to which you consented many years ago.
RESPONSE TO Q#2 -- No. The Landlord's rights to pursue you are not limited by your divorce. Assuming that the Landlord does pursue you, you may have a right of indemnity against your ex or his mother in law. Did you ex agree to be responsible for this debt as part of your divorce decree? If so, you have a right of indemnity against him. If not, then you likely only have a right of indemnity against his mother (your ex mother in law).
If a claim is made against you, you should immediately seek the advice of an attorney familiar with Landlord/Tenant litigation. The amount at stake will warrant whether you ultimately decide to retain counsel to assist you.
Good luck. Please know that we are experience landlord/tenant litigators, and if/when you decide to seek the advice of counsel, please feel free to contact us via email or phone.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
