Legal Question in Real Estate Law in Colorado
Garantor/Co-signer
There was a 6-month verb agreement to support a friend on a lease as a garantor. The rentee violated the agreement and renewed the lease without my permission. March 11 of 2000, I attempting to have my name remove as a garantor from subject lease. Certified letters were send to leasing office and rentee. The leasing office ignore my request, stating I should take it up with the rentee. The rentee refused to remove my name from her lease after numerous appeals and request. When attempting to engage in a dialogue, I received an accustory response of harrassment. The lease is up at the end of March. My goal is have my name removed and not have any percurinary responsible. I would welcome legal courses of action to remedy this problem. Thank you.
1 Answer from Attorneys
Re: Garantor/Co-signer
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://www.bewellnet.com/louise/
October 6, 2000
LawGuru User
Dear LawGuru User:
Guarantees must be in writing. I know of no verbal agreement that can bind anyone to a lease or to any other real estate related obligation.
If you are a guarantor (if you agreed in writing to guarantee the lease) you can not have your name removed from an unexpired lease which you signed. A guarantor who signs a lease is as liable as the tenant who signed the lease.
However, even if you signed the original lease, I do not believe based on the information you provided that you are a guarantor of the renewed lease. Demand to see a copy of that lease and take it to an attorney. If you never agreed to the renewed lease by signing it, you may not be the guarantor of the renewed lease after all.
You need to notify the lessor in writing that you will not be liable on any future leases or renewals. Keep a copy of the notice and send it by certified mail return receipt requested and by regular mail.
If you wish to have further information about this, please contact me.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
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