Legal Question in Credit and Debt Law in South Carolina
Co-signing lease
We co-signed for my daughter and ex-son-in-law to rent an apartment. They had problems from the first day with the office staff. It turned out that the children of one of the office member did not like my daughter's children and tried and did get them in trouble several times. It turned out that they got kicked out. Now the apartment complex is trying to say they owe several thousands dollars in damage to the apartment. The apartment was not in the best of condition when they moved in, but where they come up with this amount is news to my daughter. The collector is calling regarding this matter and this is the first she has been notified of the situation. They are now calling us for payment by a set date. What rights do we have? Will this go on our credit because we co-signed? I just don't see how they expect someone to come up with that kind of money in just a few day. Also, how do we know what they claim on damages are true or not. Please advise if you can. Thanks,--name removed--mitchell
1 Answer from Attorneys
Re: Co-signing lease
The issue of the damages is a question of fact, that would have to be explored through evidence introduced at trial - photographs or home movies of the apartment prior to moving out, any testimony about the condition, estimates from repair professionals, etc. The issue of the impact of this on your credit is a cautionary tale for all kind-hearted parents who want to help their kids - this is the down side. When you co-sign a debt, of any sort, you become a debtor just as much as the person you're trying to help. And yes, they can demand payment by a certain date. If you can negotiate some sort of workout with them, that might be in your best interests. They'd presumably prefer to get some money as opposed to none, or have to expend further funds to hire a lawyer to file a suit against you. Good luck!
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