Cosigner on rental lease

[Rhonda]

Jurisdiction

Montana

I've done something stupid. I cosigned on a rent house lease for my stepson is wife and 3 kids, thinking I had permission to live on the property in my rv. However my name was not included in the lease agreement. After only 2 weeks in the house, he and his wife have told me to leave.

I want to leave anyway because I have since discovered they are users and scammers who lie to charities to get free food, furniture, etc. I've also discovered they are also pot smokers and wannabe growers who claim they have medical marijuana permits, but I've discovered this is not true either. They both claim to have an assortment of disabilities. PTSD, agoraphobia, borderline personality disorder, etc. which they get disability checks for. Most recently they've told me she has been diagnosed as schizophrenic too. I'm not sure I believe anything they say at this point but I am convinced this woman is bat crazy and possibly dangerous..

My stepson and wife told me they didn't need me as cosigner after all and they watched my cosigner agreement be shredded before the signed the lease. I've pretended to believe them but checked with the property management who laughed, and said NOT true, I am definitely listed as cosigner.

Apparently they've been scheming to do this from the beginning.

I'm looking for options. This woman is now enraged at me and threatening to ruin me financially. I don't trust they will pay their rent and she's threatened to destroy the house, leaving me holding the bag.

Could I use the info I have on them to try to get their lease terminated and possibly sign to lease and live in the house myself? I've got myself in a terrible situation which I know is going to cost me $7500 if they refuse to pay the rent for the next 6 months and much more if they destroy the house.
I know I'm in trouble and its going to cost me. I am just looking to reduce the financial hit I take. I need advice on the best way to proceed and/or if I can claim fraud.

 

[army judge]

As a cosigner, you are expected to KNOW the consequences of doing such an act.

The only way out now, and it wouldn;t be esy, is if you were of UNSOUND mond at the time you signed the lease.

Sadly, a cosigner bears all of the responsibility and consequences, without any benefit of any such signatory action.

The only way out of this lease, is to pay off the lease in full, get an agreement in writing before paying it off, and have the deal crafted by a lawyer.

The LL might not be amenable to such a deal.
If not, then you could be stuck with $25,000 in damages, or more, if these heathens do as you suspect.

 

[Rhonda]

If they break the lease and are forced to move out, would I be only liable for the months it takes the managment company to re-rent the house? Thank you.

 

[army judge]

If they break the lease and are forced to move out, would I be only liable for the months it takes the managment company to re-rent the house? Thank you.

It depends on what the document says about that.
Generally, that is the case, plus whatever damages they cause.

 

[adjusterjack]

If they break the lease and are forced to move out, would I be only liable for the months it takes the managment company to re-rent the house? Thank you.

Yes.

Montana law specifies that a landlord has a duty to mitigate.

See 70-24-401:

2015 Montana Code Annotated :: Title 70. PROPERTY :: CHAPTER 24. RESIDENTIAL LANDLORD AND TENANT ACT OF 1977 :: Part 4. Remedies :: 70-24-401. Administration of remedies -- enforcement.

Other than that, you are in it for the duration.