liability

[jvogel]

What is the name of your state? California.
I'm not sure if this is the right category. Please forward this question to the appropriate category if necessary.
My wife and I are going to help my 20 year old stepson to move into his own apartment. His history has been quite troubled. Because neither he nor my wife work, the landlord wants me to sign the 6 month lease with my stepson as the occupant. I have substantial assets, both separate and community property. If, for instance, my stepson has a party and someone dies of a drug overdose and the family sues, do I have liability exposure because I am legally the tenant? If so, would it reduce or eliminate my exposure if we make my stepson the tenant and I pay the whole 6 months rent in advance, which the landlord would insist on if I’m not the tenant?

[teflon_jones]

Originally Posted by jvogel

If, for instance, my stepson has a party and someone dies of a drug overdose and the family sues, do I have liability exposure because I am legally the tenant?

It's very difficult to give answers on what could happen. Anything's possible, so yes, you do have some exposure.

Originally Posted by jvogel

If so, would it reduce or eliminate my exposure if we make my stepson the tenant and I pay the whole 6 months rent in advance, which the landlord would insist on if I’m not the tenant?

Again, this is a difficult question, but there are things you can do to help lower your exposure. It would help if you don't pay the rent yourself and instead give the check to your stepson to pay the rent. You can eliminate the risk of him using the money for something else by writing on the back "Pay to the order of <landlord>" so that's the only person that can cash the check. You want to disassociate yourself as much as possible from the rent/apt.

[gonesouth]

keep your name off that apartment and don't co-sign anything