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  • Indiana Guaranty Attachment to Lease for Guarantor or Cosigner

Indiana Guaranty Attachment to Lease for Guarantor or Cosigner

Category:
Landlord Tenant - Guaranty
State:
Indiana
Control #:
IN-841LT
Format:
Word; 
Rich Text
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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

A guaranty of lease is a covenant by the guarantor to be responsible for the obligations of the tenant.In these examples, a selective landlord would not enter into the lease without the tenant offering a creditworthy guarantor.

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.

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.

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.

If you signed the lease and returned it to the landlord, then you obligated yourself to pay the rent. If the guarantor did not sign it, then the guarantor (or would-be guarantor) is not obligated. The exception would be if the lease specifically states that it is not valid unless/until the guarantor signs.

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.

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.

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.

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