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Liability of apartment co-signer

Posted on 6/9/21 at 10:53 am
Posted by UltimaParadox
Huntsville
Member since Nov 2008
40831 posts
Posted on 6/9/21 at 10:53 am
My niece unfortunately did not have great parents from the financial side and can't qualify for an apartment lease. She is currently a junior in college and I would like to help her out. However as expected it is either get a co-signer or pay the entire year up front.

From a liability point of view sounds like I'm liable for anything just like the tenant. I'm not worried about the rent payments but more about any unforeseen damages/accident etc...

Guessing there is no way to really protect myself besides not co-signing?
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 6/9/21 at 11:02 am to
quote:

did not have great parents from the financial side and can't qualify for an apartment lease.
why can’t she qualify? Did her parents take out credit in her name or something?
Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 6/9/21 at 11:05 am to
quote:

or pay the entire year up front.


help her with this.

she pays you back.
Posted by UltimaParadox
Huntsville
Member since Nov 2008
40831 posts
Posted on 6/9/21 at 11:06 am to
quote:

why can’t she qualify? Did her parents take out credit in her name or something?


She qualifies credit wise, but not income wise
Posted by UltimaParadox
Huntsville
Member since Nov 2008
40831 posts
Posted on 6/9/21 at 11:07 am to
quote:

she pays you back


Uh... That's my niece. Must be different where you are from
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 6/9/21 at 11:10 am to
quote:

She qualifies credit wise, but not income wise
I probably wouldn’t co-sign. In general, without looking at the specific language of the contract, any liability/duty owed under the lease would be on you.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18729 posts
Posted on 6/9/21 at 11:16 am to
You might be able to satisfy the landlord with a guaranty agreement from you that promises to pay niece's rent obligations but not any other liabilities she may incur under the lease.

You would not be on the hook as a tenant who could be responsible for damages to the property or liability to a guest. You just have to back her up on the rent.

The LL may go for that. If they do, you may have to pay a lawyer to draft a guaranty agreement that reflects the terms. You could try drafting it on your own, but I don't recommend it.
Posted by UltimaParadox
Huntsville
Member since Nov 2008
40831 posts
Posted on 6/9/21 at 11:22 am to
quote:

guaranty agreement from you that promises to pay niece's rent obligations but not any other liabilities she may incur under the lease.


Looks interesting will take a look... Thanks!
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17252 posts
Posted on 6/9/21 at 11:43 am to
as a cosigner you will assume all liability that you would as a primary signer

Make sure she / you have renters insurance with liability not just contents protection
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35479 posts
Posted on 6/9/21 at 11:43 am to
I've been a guarantor for my son before and it was not a big deal as he's very responsible. I also sign his paycheck so that helps.
Posted by Scooba
Member since Jun 2013
19999 posts
Posted on 6/9/21 at 1:00 pm to
Renters insurance?
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5253 posts
Posted on 6/9/21 at 1:38 pm to
As others have mentioned, make sure she has renters, adds you as additional insured ($0 cost), and rest easy.
Super simple process for peace of mind.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37025 posts
Posted on 6/9/21 at 3:14 pm to
quote:

You might be able to satisfy the landlord with a guaranty agreement from you that promises to pay niece's rent obligations but not any other liabilities she may incur under the lease.

You would not be on the hook as a tenant who could be responsible for damages to the property or liability to a guest. You just have to back her up on the rent.


That's exactly what I was thinking... see if complex will accept a rental guaranty instead of co-signing the entire lease agreement.

They may not, though, because they may want someone that can cover the damages if any occur.

I would imagine many college students don't have the income to qualify and thus as mommy and daddy are paying it, they co-sign with the actual tenant.
Posted by tiger626
NoLa
Member since Dec 2014
486 posts
Posted on 6/9/21 at 9:19 pm to
Probably a better chance of making an agreement with a landlord that owns individual units than a large complex.
Posted by Ssubba
Member since Oct 2014
6613 posts
Posted on 6/10/21 at 6:43 am to
If possible pay it all up front. I somehow unchecked the 'automatic payment' button and was walloped yesterday with a $100 late fee just 6 days after the first of the month. I'm paying the remaining 8 months in full tomorrow and will ask for that $100 back.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 6/10/21 at 7:04 am to
quote:

Renters insurance?



It's been a LONG TIME since I've rented, but when I did rent I had renter's insurance. As I recall, unlike homeowner's insurance, there weren't many options. It was just a set price for a specific term. It was pretty damn cheap. And, AS I RECALL, it only covered my loss of possessions. It did not cover intentional or negligent acts of mine that damaged or destroyed the place.

I doubt any sort of renter's insurance would cover any sort of damage CAUSED BY the intentional or negligent act of the lessee. Renter's insurance is mainly for accidents and Acts of God situations. So, if the place catches on fire (and it's not her fault), her possessions would be covered. If she held a Meth Party and she or one of her guest intentionally or negligently burns the place down, I don't think there's a renter's insurance policy that would cover that.

This post was edited on 6/10/21 at 7:11 am
Posted by Twenty 49
Shreveport
Member since Jun 2014
18729 posts
Posted on 6/13/21 at 1:20 pm to
quote:

I doubt any sort of renter's insurance would cover any sort of damage CAUSED BY the intentional or negligent act of the lessee.


A quick google suggest that the typical renter policy includes $100k of liability coverage for the accidental and unintentional acts of the tenant. Similar to homeowners liability coverage. Intentional acts are almost always excluded from coverage under any kind of liability policy.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36748 posts
Posted on 6/13/21 at 6:16 pm to
quote:

A quick google suggest that the typical renter policy includes $100k of liability coverage for the accidental and unintentional acts of the tenant. Similar to homeowners liability coverage. Intentional acts are almost always excluded from coverage under any kind of liability policy.


I would recommend against cosigning with anyone who would intentionally break stuff
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