My one year lease ended in 2017 is my cosigner still liable

[Michellecp]

Massachusetts
I signed a one year fixed lease with my cosigner that was terminated in 2017. I asked my landlord about a new lease but he said I didn't need to it carries over. Last winter he raised the rent without signing anything. Is my brother who is the cosigner still liable for anything after the year lease? I could be facing eviction due to hard times and I do not want my brother to be liable. My landlord tells me that he is and threatens me that he will go after him but he hasn't yet because I don't think he is on the lease anymore because he would have a couple months ago.
Just need to know if my brother is safe.

 

[adjusterjack]

You need to read the lease thoroughly and carefully (hope you kept a copy) to see what it says about continuing month to month after expiration.

Some leases will say that they continue month to month under the SAME CONDITIONS AS THE EXPIRING LEASE. If your brother agreed to that by co-signing then he could still be liable for your default.

Check it.

 

[Michellecp]

I did read it and I don't see anything about a month to month.

 

[Michellecp]

Is there anyway to send it to you to look at?

 

[Zigner]

Is there anyway to send it to you to look at?

Contract review is beyond the scope of this forum. You may wish to consult a local attorney.

 

[FarmerJ]

Are you telling us this lease automatically renewed for one whole year at a time after the first year was up ? If your lease doesn't say that then you are likely now a month to month at will tenant to whom the LL can give you a proper notice telling you to move out , telling you that you cannot have your cat any more or the garage you were using for free will now be rented to you for x amount OR other way around and you can give proper written notice to the LL telling the LL you will be moving out and do just that ! so if your expired lease said you were to give one whole rental period of notice when you want to move then you could give that notice NOW and have to pay for October rent and be moved out by the end of October other wise if you don't give a proper notice according to the original leases terms then the LL can sue you for up to one months rent due to lack of proper notice. If you want to spare your brother any further risk then write on real paper your notice saying your going to move out, make it meet what the lease says for that notice and then pay rent for your last month and move out leaving the apartment clean and in reasonable condition, take lots of pics so if you had to shopw a court how nice and clean you left it you can do it. ( send that notice via certificate of mailing ( lowest cost way to get a receipt proving you sent the LL a letter OR confirmed mail delivery , keep a copy and staple it to your postal receipt )

 

[Michellecp]

I re read the lease and I do not see anything about a month to month after lease was up. I am 2 months late on rent and my landlord tells me to ask my brother for the money but he has not called or sent anything to him about the money owed. I am thinking that my brother is not on there because he has not contacted him at all and my landlord is just trying to scare me.

 

[Litigator22]

Massachusetts
I signed a one year fixed lease with my cosigner that was terminated in 2017. I asked my landlord about a new lease but he said I didn't need to it carries over. Last winter he raised the rent without signing anything. Is my brother who is the cosigner still liable for anything after the year lease? I could be facing eviction due to hard times and I do not want my brother to be liable. My landlord tells me that he is and threatens me that he will go after him but he hasn't yet because I don't think he is on the lease anymore because he would have a couple months ago.
Just need to know if my brother is safe.

Your brother is safe, provided that is, that his sole participation was in guaranteeing your performance under the written lease. Even if by the terms of that writing your holding over transformed the tenancy to "a month-to-month under the same conditions as the expiring lease" he is safe!

He is safe because the landlord can't have his cake and eat it to. Meaning the landlord cannot unilaterally increase the rent and still hold your brother liable for it. (The same had you agreed to the increase in the absence of the brother's consent.)

Law: It is an established maxim of the law of suretyship that a material alteration of the contract between the creditor (landlord) and the principal debtor (tenant) automatically discharges the surety (brother).

 

[Michellecp]

Your brother is safe, provided that is, that his sole participation was in guaranteeing your performance under the written lease. Even if by the terms of that writing your holding over transformed the tenancy to "a month-to-month under the same conditions as the expiring lease" he is safe!



He is safe because the landlord can't have his cake and eat it to. Meaning the landlord cannot unilaterally increase the rent and still hold your brother liable for it. (The same had you agreed to the increase in the absence of the brother's consent.)

Law: It is an established maxim of the law of suretyship that a material alteration of the contract between the creditor (landlord) and the principal debtor (tenant) automatically discharges the surety (brother).

Yes because my lease term was for one year terminating 2017. Last year he raised the rent 100 $ due to heating costs he said. That's why my landlord is pushing me to get the money from my brother and not himself. He is just trying to scare me because he knows that it bothers me

 

[Michellecp]

Yes because my lease term was for one year terminating 2017. Last year he raised the rent 100 $ due to heating costs he said. That's why my landlord is pushing me to get the money from my brother and not himself. He is just trying to scare me because he knows that it bothers me

I never even signed anything after the first lease was up. In 2017 I asked when we will be signing a new lease and my landlord said I don't need to it carries over. That didn't make sense to me

 

[adjusterjack]

I never even signed anything after the first lease was up. In 2017 I asked when we will be signing a new lease and my landlord said I don't need to it carries over. That didn't make sense to me

But you went along with it for two years.

Yes because my lease term was for one year terminating 2017. Last year he raised the rent 100 $ due to heating costs he said. That's why my landlord is pushing me to get the money from my brother and not himself. He is just trying to scare me because he knows that it bothers me

Has your LL given you anything in writing? A pay or quit notice? A termination of tenancy notice?

 

[xylene]

If you are month to month, you would be MUCH better served to give notice and move than to stay and be evicted.

 

[Michellecp]

But you went along with it for two years.



Has your LL given you anything in writing? A pay or quit notice? A termination of tenancy notice?

I didn't really know so I just kept paying rent . I have my sick mother and 2 kids. Then last winter when he raised the rent I just felt something wasn't right. I have not received anything in writing yet only text messages saying he is going to do it and I need to get the money from my brother

 

[not2cleverRed]

I didn't really know so I just kept paying rent . I have my sick mother and 2 kids. Then last winter when he raised the rent I just felt something wasn't right. I have not received anything in writing yet only text messages saying he is going to do it and I need to get the money from my brother

Your landlord is allowed to periodically raise the rent, with proper notice.

 

[Michellecp]

Now I am just happy that my brother is safe. I will deal with the rest.
What do I need to know in a eviction?