Legal Question in Real Estate Law in Texas
Co-Signed Lease Renewed without my Signature
My son is in college and has no job. I co-signed his 12 month lease last August and have made all the payments. In March, someone from his office approached him to sign a renewal lease, telling him they would send me a copy. He assumed it was not valid without my co-signature, so he signed it. I then received a ''courtesy copy'' letting me know they lease had been renewed for another 12 months. WHen my husband called he was told we hve no recourse but to pay the rent payments each month, even though neither my husband nor I co-signed this lease.
Have we any recourse?
Thanks very much for any help you may be able to offer.
1 Answer from Attorneys
Re: Co-Signed Lease Renewed without my Signature
Generally, your liability under the lease could not be extended without your consent. It is possible that a specific provision in the written lease could provide for extension of the lease without the consent of all the parties. However, in the absence of a specific lease provision to the contrary contained in the written lease that you signed, your liability will probably end with the expiration of the lease period.
Unfortunately, the same is not true as to your son's liability. The extended lease would in all likelihood be enforceable against your son.