Will I be held responsible for a lease if my name is not typed on the lease but I signed it along with the other tenant whose name was typed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will I be held responsible for a lease if my name is not typed on the lease but I signed it along with the other tenant whose name was typed?
I need to move out of the rented house that I reside with my boyfriend for the safety of my daughter and myself. The lease only has his name typed on it but we both signed it. I am worried when I leave he will not pay the rent and I will be help responsible.
Asked on April 25, 2011 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you signed the lease, then you will almost certainly be liable under the lease; the fact that your name was not typed on the lease won't change the fact that you are a signatory to it. (Obviously, had you not signed it, the answer would be very different.) Therefore, if you move out and the rent is not paid (or the property damaged), then you, as a signor of the lease, could be held liable by the landlord as well. You are potentially liable (if he defaults immediately) for the entire remaining balance of the lease. There may be grounds under which you in turn could look to hold your boyfriend liable, but that will not stop the landlord from first proceeding against you, if it wishes to do so in the event of some default or damage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.