That’s what friends aren’t for: Co-signer left holding the bag

Question: A friend asked me to co-sign on her one-year lease. She disappeared a few months later. Even though I never lived there, the landlord is threatening to sue me if I don’t pay the back rent. Am I financially bound to pay?

Answer: Possibly, yes. When you sign a lease, you are signing a legal contract. Whether you ever stepped foot in the place doesn’t usually matter. Assuming you are not under age 18, the fact that you voluntarily signed a legal document is what counts.

Most leases contain clauses designed to go after any adult who signs on the bottom line, in effect making you a guarantor. If there’s no denying your signature, the next step is to decide how to defend yourself.

Unfortunately, you may need a lawyer. If you can’t afford legal counsel, mediation may be an option. Your city attorney may be helpful. Also try the state or county department of consumer affairs for links to legal aid.

Be sure to have all documents available when seeking advice. Co-sign or guarantor agreements vary from a signature at the bottom of the original lease to elaborate separate forms detailing your obligation. The more specific the agreement, the more difficult to invalidate or argue.

Some agreements stipulate that if a legal proceeding arises, the prevailing party shall recover “reasonable attorney’s fees, court costs and any costs reasonably necessary to collect a judgment.” Once you’ve spoken to someone familiar with the laws in your area, you can decide whether you want to fight the landlord, or simply negotiate a settlement and put the whole mistake behind you.

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A week’s worth of rent is at stake

Question: I dropped off my 30-day notice to the management office of my building, but I didn’t keep a copy. When the letter and check returning my deposit came, an extra week of rent had been deducted.

The manager says I owe the week; she won’t give me a copy of my notice and refuses to speak to me.

How can I get back my week’s worth of rent?

Answer: Normally, I would suggest starting with a phone call to the manager, but since you’ve already tried that, it’s time to move on to Plan B.

Start with a detailed letter to the management, requesting a copy of the 30-day notice for your files. Send a copy of the same letter to the owner of the property as well, letting management know you’ve done so.

If you don’t know who owns the property, the county can provide a copy of the public record from the tax rolls. Certified mail is also a good way to send such correspondence. Be sure to keep a copy of the letter.

What should the letter say? The California Department of Consumer Affairs’ website (www.dca.ca.gov) suggests the tenant “tell the landlord or landlord’s agent why you believe the deduction from your security deposit is improper.” You should also include the dollar amount you think is due.

In your case, you think money was improperly withheld for rent that was not due. Explain that you gave 30 days’ written notice and that you would appreciate a copy of that notice sent to you within a set time limit (such as two weeks). You may want to include a self-addressed stamped envelope or a fax number.

No response and the time has passed?

Although no one likes to threaten use of the law, you may want to include some language in your next certified letter indicating that if the matter were to be taken to Small Claims Court, the management would have to produce a copy of the notice to uphold its rent deduction in the accounting. Perhaps that will help pry the document from the landlord’s files.

If there is no response and the value is worth your time to proceed, consult your local court regarding the filing of a Small Claims action.

Dollar limits are set by area, and cases are presented without legal counsel.