So, I co-signed an apartment rental for my sister, her baby and boyfriend back in October. Of course they promised to pay on time…well, I received a call from the property manager who say’s “I was about to file an eviction on your sister when I realized your name is on the file.” She proceeded to tell me they are 1500 behind (2 months) and gives me 3 days to come up with it or she would go through with the eviction. Well, this is the 3rd day and as a business law student- I am having doubts and reason to believe that I was not properly notified. If I have equal rights to the duty of my sister paying on time, then my question is why wasn’t I notified the 5th day after she missed the first month. Do I have a case as far as being noticed by mail? PS- I’m in FL. She lives in Nebraska.
Tags: Apartment, Before, Being, Cosigner, Eviction, Filed, Notified, Rental, Rights, What
You are not a tenant…only the co-signer. Nebraska landlord/tenant laws only apply to landlords and tenants.
You as co-signer are guaranteeing the rent payments. You are not a tenant, and therefore do no have any rights to notification. In reality, the landlord was going beyond her duty by giving you the chance to make good the rent. She could have just evicted them and then come after you for any back rent and for any penalties in causing a breach in the lease.
as a co signer your accepting the responsibility of paying for the premises if the original co signer fails to make payments. There is no legal requirement for a co signer to be informed of any proceeding being started against them in the event the original signer defaults. you accepted the risk by signing, and don’t have the same rights in law as the original signatory
Not sure of NB- but in VA our co-signer is notified of everything. Anytime we have something mailed to us no matter how minor, our cosigner is cc’ed. If it is something major they are mailed certified so they can’t come back and say that they did not get something
The would have to serve your sister with a notice stating the 3 days notice he can’t start an eviction until that day comes and passes without payment.
Let this be an important LIFE LESSON…………..absolutely, NEVER EVER deal business with friends or relatives….you will lose a friend, not speak with a relative, and LOSE CASH ! good luck
This maybe a hard lesson learned, if you have any issue at this point it’s with your sister not properly notifying you of her situation
Should the landlord have notified you earlier to place pressure on your sister to pay rent? Maybe but not legally required to do so, your just guaranteeing payment
Now your current issue is with possible judgment issued against your sister and you for the monies owed, since you are on the hook legally for the monies and any damage to the unit, which is going to take place in NEB,
You have the same rights as the Other Co-Signer….if they are behind in the rent…you have 3 days to pay or quit….that’s pretty standard.
If they were up to date on the rent…they’d have to give you 30 days written notice…but since they are delinquent…generally the will personally serve a demand for payment at the residence in question and then they’ll mail a copy to all responsible parties.
It’s called a “nail & mail”….
And as far as not being notified…you said yourself that the property manager failed to notice your name on the lease until they were about to start the eviction notice.
They should have mailed a copy to you as well…but the “three days” starts when the demand is posted on the premises, of which I’m sure your sister was aware.
YOUR SISTER should have given you notice…she’s known for 60 days that the eviction was coming…
So instead of trying to screw the property manager out of rent owed…or trying to delay the inevitable….I’d probably just call and talk to the property manager.
It’s your sister’s fault for not paying and then not telling you…not the property manager’s fault for doing their job.
If you have a straight forward conversation and accept the responsibility for the situation maybe a partial payment can be made in addition to a post dated check for the balance or something that can honorably handle the debt while keeping your sister with a roof over her head…
I think this is an issue that has less to do with the property manager…and a whole hell of a lot more to do with your sister. SHE should have “notified” you “before an eviction”.
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