My sister was allowed to move into an apartment based on the fact that I would be cosigning. I never spoke to her landlord and he never sent me any papers until about 1 1/2 months after she moved in....At that point my sister was already late on her rent and we had decided that she would get someone else to cosign for her. Now her landlord is taking me to small claims court for her remaining charges. He states that I filled out an application, but all I did was write down my contact information....I NEVER had a verbal or written agreement to be cosigner. AM I LIABLE?
2007-11-05 14:40:43 · 5 answers · asked by Kelly S 1 in Business & Finance ➔ Renting & Real Estate
You are not liable for ANYTHING! Since you never signed anything, there is no record of you cosigning. A verbal agreement will not hold up anywhere because its your word against the other person. There is no proof therefore you are safe. The landlord is desperate for the rent so he or she is trying anything to get it. Thats between your sister and the landlord.
2007-11-05 14:51:38 · answer #1 · answered by Devrin B 2 · 3⤊ 0⤋
If you never spoke to the landlord until after your sister moved and and got behind on the rent, I don't see how you can have any kind of verbal contract with him. If you never signed any forms, then I also don't see that you have a written contract with him that would make you liable for any back fees. Since small claims court requires him to prove that you intended to pay these charges, you should be in the clear. Just make sure when you go to court that you have with you any paper work that you were sent and the dates of any conversations or communications between you and the landlord.
2007-11-05 22:57:44 · answer #2 · answered by ljh 4 · 1⤊ 1⤋
No way! Would never fly. An application does not obligate me to rent to the applicant anymore than the application obligates you to a rental agreement.
If you did not sign the rental agreement than you my dear are going to win on a technicality...........that being that the landlord was an idiot.
The burden of proof is on him that you agreed to cosign in writing. A verbal does not cut it. He should have never let her move in until you signed on the dotted line. His lesson learned.
And on top of it you dodged the "dont ever do that" bullet!
Never cosign for someone. They need a cosigner because they are not responsible........why would you but your name on the line for someone, anyone that is not responsible. Nevahhh!
2007-11-05 23:28:59 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Run this by an attorney before going to small claims court, but I can't see how you can be liable for a debt on which you never signed. I think it would be necessary for you to have at least signed a rental application to be liable. I also don't believe you could be liable for an oral contract since you state that you had never spoken to him
2007-11-06 12:33:59 · answer #4 · answered by john m 3 · 0⤊ 0⤋
Maybe since you agreed to cosign that is a verbal agreement and he counted on that letting her move in.
2007-11-05 22:44:54 · answer #5 · answered by shipwreck 7 · 0⤊ 2⤋