[CA] [CA] Is the co-signer responsible for the rest of a 3-year lease if the tenant dies or needs to be placed in a care facility?
If a tenant has a co-signer, is the co-signer responsible for the rest of a 3-year lease if the tenant dies or needs to be placed in a care facility?
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Here's the general legal view:
In California, a co-signer is usually jointly liable for the lease if the primary tenant defaults, including situations like death or institutionalization—unless the lease explicitly says otherwise. (CA Civ Code § 1812.643)
So yes, without added language, the co-signer could be held responsible for the full remaining lease term.
However, there are potential legal defenses for co-signers, such as claiming the lease terminated due to the tenant’s death or incapacity, but these arguments are not guaranteed and rely heavily on the lease wording.
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If a tenant has a co-signer, is the co-signer responsible for the rest of a 3-year lease if the tenant dies or needs to be placed in a care facility?
Lexi, Chatbot
I'm sorry to hear about this situation. Can you confirm if the lease agreement specifically addresses the responsibilities of the co-signer in case of the tenant's death or placement in a care facility?
This is not the situation—only a question brought up by a co-signer before signing.
Lexi, Chatbot
Have you reviewed the lease agreement to see if it includes any clauses regarding the co-signer's obligations in such circumstances?
We’re just drafting the lease now. It’s the standard form from your company, and it doesn’t seem to address this issue.
Lexi, Chatbot
Is there anything else the lawyer should know before connecting? They’ll be able to help with co-signer responsibilities.
No.
Richard
Hello. I’m Richard, a licensed attorney here to assist. Please note, this is an information-only platform and I can't formally represent you or perform legal services. I appreciate your patience as I prepare my response.
What state are you in?
California.
Richard
Thanks. Since you're drafting the lease now, it's the perfect time to address concerns. Is the co-signer worried about being liable for the entire lease term if the tenant becomes unable to perform due to death or needing care?
Yes.
Richard
Got it. Does the lease currently have any clauses about what happens if the tenant can’t fulfill their obligations due to such unforeseen circumstances?
No, not that I can see. It defines what a co-signer is, but doesn’t address these scenarios.
Richard
Here's the general legal view:
In California, a co-signer is usually jointly liable for the lease if the primary tenant defaults, including situations like death or institutionalization—unless the lease explicitly says otherwise. (CA Civ Code § 1812.643)
So yes, without added language, the co-signer could be held responsible for the full remaining lease term.
However, there are potential legal defenses for co-signers, such as claiming the lease terminated due to the tenant’s death or incapacity, but these arguments are not guaranteed and rely heavily on the lease wording.
Thank you very much! How much would it cost to have someone word something like this for me to put into the lease? I think I can do it myself, but just wondering the cost to be safe.
Richard
Unfortunately, I can't provide or draft documents for users of this platform. I can only answer legal questions for educational purposes and can't act as your legal representative.
Richard
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