Guarantor Signature, but No Tenant Signature - Enforceable?

[monkeysam92]

What is the name of your state (Texas)?

I hope you guys could give me a general idea of whether this lease is enforceable or not.

I have a lease for student housing with 5 parts.
- the lease itself
- Rider 1: Rules and Regulations
- Rider 2: Room condition and inventory
- Rider 3: Guaranty Agreement
- Rider 4: Parking Agreement

My father is the guarantor for the lease. He has initialed the lease as indicated, signed, printed, and dated his name on all parts. However, he has not completed the guarantor information page with his SSN, employer, phone number, relationship to tenant, or address information. (I know that doesn't really matter, but just giving as much info as possible).

I have ONLY signed, printed, and dated my name on the lease itself. The remaining parts are ONLY signed by the guarantor.

There are 2 terms that are confusing me about the validity of the contract. I have typed them in the following quotes:

21. PARENTAL SPONSORSHIP OR GUARANTY
It is acknowledged by Tenant that Landlord requires as a condition of this Lease, a binding parental or sponsor's guaranty, which guaranty is a substantial inducement for Landlord to enter into this Lease. A copy of said guaranty is attached hereto as Rider Number 3. IF LANDLORD DOES NOT HAVE A FULLY EXECUTED GUARANTY OF HAND, OR IF TENANT DELIVERS A FORGED OR OTHERWISE FALSE OR INVALID GUARANTY TO LANDLORD, THEN LANDLORD RESERVES THE RIGHT OT IMMEDIATELY CANCEL THIS LEASE WITHOUT THEREBY WAIVING LANDLORD'S RIGHT TO PURSUE ALL CIVIL OR CRIMINAL PENALTIES WHICH MAY BE APPROPRIATE. Tenant acknowledges that this Lease is for an essential necessity of Tenant, and that Tenant shall be fully bound by all of its terms and conditions, regardless of Tenant's age or legal status.

23. SEVERABILITY
The invalidity of any provision of this lease or of its application to any person or circumstance as determined by any governmental agency or court, shall in no way affect the validity of any other provision hereof and all the terms of this lease shall be valid and enforceable to the fullest extent permitted by law.

How can the lease be enforceable if the tenant does not agree to the rules? Also, my name is not listed on the guaranty agreement itself, which specifically states:

THIS GUARANTY AGREEMENT is executed by the person or persons whose names are signed below ("Guarantor"). It is understood that the "Tenant" as listed below has applied to become a Tenant in [xxx] APARTMENTS, [xxx], TEXAS. The Lease by and between Landlord and Tenant and Rider Number 3 attached thereto entitled and "Rules and Regulations" are incorporated herein. The landlord requires, as a possible condition of the acceptance of such Tenant, that ALL OBLIGATIONS OF THE TENANT WITH RESPECT TO THE LEASE AND THE RULES AND REGULATIONS BE PERSONALLY AND UNCONDITIONALLY GUARANTEED BY THE PROSPECTIVE TENANT'S PARENT, GUARDIAN, OR OTHER SPONSOR. The requirement of this guaranty is in recognition that most of the Tenants in such building do not have independent financial means, but this guaranty shall be in force irrespective of the financial means of the Tenant. The undersigned represents that his or her relationship with the Tenant is as listed below.

A bit more background info:

I returned this lease thinking it was completed. The same day, I learned of a new housing complex and I decided I would prefer to live there. I received a call from my current landlord notifying me that I need to pick up my lease because it is not completed. I went to pick up the lease, and I was given the original.
10 minutes later, the landlord came to my room and asked for the original lease back because they needed to make a copy. I gave it back, and they told me to pick up the lease again later. So I went to pick up the lease and I was given a copy. I asked for the original, and after some arguing I received it. So I AM IN POSSESSION OF THE ORIGINAL AGREEMENT. I should also note that the landlord has NOT signed any portion of the agreement yet.


Essentially, I'm wondering if the lease is enforceable. If I ignore this and find other housing, is it likely that my current landlord would win if they attempt to sue?

Sorry for the long post - and thanks in advance!

 

[HomeGuru]

What is the name of your state (Texas)?

I hope you guys could give me a general idea of whether this lease is enforceable or not.

I have a lease for student housing with 5 parts.
1. the lease itself
2. Rider: Rules and Regulations
3. Rider: Room condition and inventory
4. Rider: Guaranty Agreement
5. Rider: Parking Agreement

My father is the guarantor for the lease. He has initialed the lease as indicated, and signed, printed, and dated his name on all parts. However, he has not completed the guarantor information page with his SSN, employer, phone number, relationship to tenant, or address information. (I know that doesn't really matter, but just giving as much info as possible).

I have ONLY signed, printed, and dated my name on part 1, the lease itself. The remaining parts are ONLY signed by the guarantor.

There are 2 terms that are confusing me about the validity of the contract. I have typed them in the following quotes:




How can the lease be enforceable if the tenant does not agree to the rules? Also, my name is not listed on the guaranty agreement itself, which specifically states:


A bit more background info:

I returned this lease thinking it was completed. The same day, I learned of a new housing complex and I decided I would prefer to live there. I received a call from my current landlord notifying me that I need to pick up my lease because it is not completed. I went to pick up the lease, and I was given the original.
10 minutes later, the landlord came to my room and asked for the original lease back because they needed to make a copy. I gave it back, and they told me to pick up the lease again later. So I went to pick up the lease and I was given a copy. I asked for the original, and after some arguing I received it. So I AM IN POSSESSION OF THE ORIGINAL AGREEMENT. I should also note that the landlord has NOT signed any portion of the agreement yet.


Essentially, I'm wondering if the lease is enforceable. If I ignore this and find other housing, is it likely that my current landlord would win if they attempt to sue?

Sorry for the long post - and thanks in advance!

**A: yes the lease is enforceable.

 

[monkeysam92]

**A: yes the lease is enforceable.

That's what I feared. Should I bother seeking an attorney?

 

[Gail in Georgia]

Seems like a smarter idea would be to start packing to move into your new place.

Gail

 

[HomeGuru]

That's what I feared. Should I bother seeking an attorney?

**A: for what? Help the landlord find a new tenant and be prepared to pay default fees relative to such action.