Legal Question in Real Estate Law in Washington

apartment cosigners responsibilities

my son and his girlfriend moved to washington and the apartment they moved into was cosigned by his girlfriends parents. The girl moved out and now is moving back in and now the parents say they have taken their name of the lease and the landlord says the have to get out in 20 days.

Is there any way my son and her can demand more time to find a place especially since rent was paid and accepted on the first of the month 600 dollars. and is it possible to remove your name once you cosign for an apartment without being held responsible for the entire lease?

Asked on 1/11/06, 3:37 pm

1 Answer from Attorneys

James Vasquez In Pacta, PLLC
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Re: apartment cosigners responsibilities

Unless your son and his girlfriend have violated the lease in some way, they don't have to move out, especially since the rent has been paid. However, this depends on the language of the lease. The landlord will likely need to file an unlawful detainer action in order to evict them from the apartment. In order for the girlfriend's parents to have been taken off the lease, a new lease must have been entered into, but a lease cannot be changed without the approval of all the tenants who are parties thereto. Your son and his girlfriend can likely stay in the apartment until the month is over, and then they can give 20 days notice. If the landlord wants them out in 20 days he'll have to refund rent for that portion of the month in which your son and his girlfriend are not in possession of the apartment. The landlord is prohibited from taking self help measures.

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1/11/06, 4:53 pm

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