Liability for tenant/cosigner if someone else lives in/damages apartment

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sugarmagnolias

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Location: San Francisco, CA

I signed a year lease last August, I'm a student with no credit history so my dad had to cosign on the lease for me. The original company I signed with went bankrupt and the building was transferred to another company a few months in. I never got a new lease with the new company and I've been confused on some issues (such as pets - the lease I signed said no pets but the new company has been renting to many people with dogs) but it hasn't been a problem so I haven't asked about it. I figured I would get a new lease after the year was up.

My boyfriend moved in with me back in August and has been paying about half the rent (almost) every month since we've been here. He isn't on the lease or listed as a roommate like many in this building. Our relationship has become very unhealthy and I'm not comfortable living with him anymore. I feel it would be incredibly cruel to kick him out in this situation since *I* am the one that wants out of the relationship - not to mention he has terrible credit, very little money, no job, no friends, nowhere to go, depressed, alcoholic, the whole deal. If it was up to him to leave, it would not happen unless I physically kicked him out.

My boyfriend paid the full security deposit which was first and last months rent plus a $600 security deposit that would be returned if the apartment was undamaged. So the rent we just paid this week covers us for the next month, and then the last month should be paid for already. So there's no more money due.

I would like to just leave and find a new place to live, and let him have the last 2 months here to figure out what he wants to do and try to improve his life situation on his own. It would be very easy for me to pick up and move, but it wouldn't be easy for me to be jumping through hoops with the landlord company trying to get him to sign a new year long lease or something. Not to mention the credit issue, it would just be easier if I could leave and let him have these last two months.

HOWEVER - I know how he is and I have a good idea of how he'll treat the apartment once I'm gone. He may be fine and get things together and leave it the way it should be, but he may leave the apartment a wreck or full of things. I'm not sure. I *absolutely* do not want my parents to be liable for this should he do something like that, and I don't want my credit history damaged either.

I am liable to let them know he will be staying there without me the last 2 months, or can I consider this a "vacation" and expect that if he leaves it a wreck, HIS security deposit won't be returned and that's not my fault. But I need to know that myself or my parents won't be liable for any excess damage or removal of furniture, etc beyond the security deposit.

I hope there is some good news for me on this forum. I've been wanting out of this for so long, and I think I may see my window of opportunity where I can escape and he can have some TRUE motivation and a couple moths to get his life together, instead of knowing he can just depend on me. Thank you in advance for any advice!!
 
If he damages the rental unit above what the security deposit is, guess who management will come after.

The folks who signed the lease. That's both you and your dad.

By signing the lease, you took full responsibility for any damage above normal wear and tear done to the rental unit. Management is not going to come after the boyfriend who is not legally on the lease. They'll come after the folks who, by signing the lease, accepting the responsibility that the condition of the unit remain, basically, the same at move out as at move in.

Gail
 
OP, have a long and serious talk with your parents, especially your dad.

He/they need to know EVERYTHING!

Gail gave you great advice.

Your dad has skin in this game and it's better that he learns about this before getting a bill and court documents.


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