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Illinois Guaranty Attachment to Lease for Guarantor or Cosigner

State:
Illinois
Control #:
IL-841LT
Format:
Word; 
Rich Text
Instant download

Description

This Guaranty Attachment to Lease for Guarantor or Cosigner is a document in which a third party "co-signs" a lease. This third party agrees to guaranty the payment of rent under the lease and obligates that third party to pay any unpaid rent for tenant.


A guaranty is a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the guaranty (guarantor).

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FAQ

Co-signers have equal responsibility for payment of monthly rental costs, while a guarantor is generally sought for payment only when the primary signer is unable to make the rental payment.

The cosigner, simply by signing on to the debt, is liable for the debt without the creditor needing to to take any additional actions. The guarantor is only liable for the debt after the creditor has exhausted all other options of collections from the original borrower.

Some landlords don't accept co-signers for their apartments, so you are not guaranteed an apartment if you have a co-signer. In addition, your co-signer is taking on a fair amount of risk by consenting to be monetarily responsible for your lease.

Guarantors sign the lease and are responsible for the payments under the law, but they don't occupy the apartment nor are they entitled to occupy it.

A lease guaranty is a separate contract under which a third party guarantor agrees to meet the obligations of the Tenant to the Landlord.If the Tenant fails to pay rent, the Landlord can recover the arrears from the guarantor, usually before seeking damages from Tenant.

A co-signer, on the other hand, will usually have their name on the title of the home or automobile. Guarantors are usually liable for default only when the lender has done everything possible to get the primary borrower to make the payments.

A co-signer will need to have a good credit score, be able to prove their income, and show that they have the capacity to pay for the unit if needed on top of their own debts and payments.

The Basics: A Co-signor is part owner of the property, may or may not live in the property and is responsible for the debt repayment. A Guarantor is responsible for the debt repayment if the borrower (applicant) is unable to pay but has no benefits of owning any part of the property.

The guarantor signs the lease with the tenant and stands as reassurance to the property manager or landlord that rent will be paid if you (the tenant) default on payment. A guarantor is not always necessary, but there are circumstances when renters rely on them to be approved for an apartment.

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Illinois Guaranty Attachment to Lease for Guarantor or Cosigner