Legal Question in Landlord & Tenant Law in Massachusetts
co-signer for renters
neice co signed for sister & boyfriend & after 5 months sister & boyfriend are moving out.does the landlord have to exahust all means with renters before going after co-signer?? can land lord allow renters to use 1st,last,or security deposit before lease is up??money put down on apart was lent through my neice & i. we have gone to small claims court $ won in our favor but now this??
1 Answer from Attorneys
Re: co-signer for renters
The landlord can seek money from the co-signor at any time there is a default. The landlord can use the security deposit against any damages including non-payment of rent. The last month rent is to be applied against the last month's rent.
The landlord has an obligation to mitigate their damages.
Best way forward is for the neice to make a deal with landlord to terminate the lease.