QUESTION

guarantor on california residential lease?

Asked on Oct 20th, 2016 on Real Estate - California
More details to this question:
my brother-in-law signed as a guarantor on a property rental lease for me 12 years ago. The lease was was not ever formerly renewed after the first year, i.e., i never signed a new lease after the initial fixed term lease ended. I am moving out this month. Is he still responsible/the guarantor if there are any unsettled costs?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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It really depends on the language of the guaranty, but in my experience, most such guaranties say that the guarantor remains liable until the the lease is terminated and the tenant has returned the property to the owner. Take a look at what the written guaranty itself says. Don't be surprised if it says your brother-in-law is still liable. Dana Sack  
Answered on Oct 21st, 2016 at 9:33 AM

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