Lease Agreement With Guarantor In Massachusetts
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FAQ
Unlike a co-signer, a guarantor has no claim to the asset purchased by the borrower. If the borrower defaults on their loan, then the guarantor is liable for the outstanding obligation, which they must meet, otherwise, legal action may be brought against them.
In this situation, as a guarantor, you are likely to be responsible for whatever any of the joint tenants owe the landlord, not just what the tenant you are helping may owe. You may also be responsible for any damage caused by other tenants, not just the one you're wanting to help.
Since the obligation is to the landlord, the landlord would need to agree to the release of the guarantor. The tenant and guarantor agreeing would not be sufficient.
Acceptance of your guarantor is entirely up to the landlord, and will usually depend on whether you're a strong applicant in other areas, such as having a stable income and good credit. Guarantors are actually just ``window dressing'' for a lease, they are rarely actually sued by landlords.
A lease is a contract, and, generally, contracts must be signed to be valid and enforceable. Signatures, however, can come in different forms. Over the last several years, electronic signatures, like RocketSign®, have become increasingly common and popular.
Answer and Explanation: A contract of lease is generally between the lessee and the lessor, and only the signatures of said parties are necessary for the validity and effectivity of the lease contract. However, the lessor may require a guarantor before he or she will sign the contract.
Is a Lease Valid If Not Signed by All Tenants? In most states, all parties included in the lease agreement need to sign for a lease to be valid. However, each state varies on rules and regulations regarding online signatures on lease agreements, so refer to local landlord-tenant laws to check.
The California Civil Code states that a lease is void if it is "contrary to the policy of the law." However, it is not clear whether a lease with contradictory provisions is contrary to the policy of the law.
How to Add a Guarantor to a Lease Talk With Tenant – Landlords should start by letting the tenant know that a guarantor is needed. Perform Background Check – After the tenant finds someone to co-sign, the landlord should screen the guarantor and conduct a credit check to verify their financial reliability.
How to Add a Guarantor to a Lease Talk With Tenant – Landlords should start by letting the tenant know that a guarantor is needed. Perform Background Check – After the tenant finds someone to co-sign, the landlord should screen the guarantor and conduct a credit check to verify their financial reliability.
