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Demanding co-signature of 22year old's parents

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collegeMom

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What is the name of your state? GA
How can a complex demand the parental signature(co signing) of a 22 year old who made $23,000 last year? We help her all that we can, but cannot take on an "unlimited" co-signing. When I was her age, I had finished college, gotten married, leased an apartment with my husband, and had a baby on the way. I can't believe, that even though the rent is paid up through Oct 15th, 2002, that they are threatening eviction for this Friday (Sept 13th, 2002) because her parents have not co-signed the lease. She signed the lease. She works full time.
 


I AM ALWAYS LIABLE

Senior Member
My response:

Have you seen her credit report?

She may, in fact, have lousy credit and, as a result, the complex needs a cosigner - - not necessarily a parent's signature, but someone with good credit.

IAAL
 
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collegeMom

Guest
Her credit must be pretty good. Bank cards send notices to my house daily trying to issue cards to her. Also, the credit union was more than happy to give her a car loan - which is in good standing.
 

I AM ALWAYS LIABLE

Senior Member
collegeMom said:
Her credit must be pretty good. Bank cards send notices to my house daily trying to issue cards to her. Also, the credit union was more than happy to give her a car loan - which is in good standing.

My response:

Okay, assuming that her credit is good, it may still be the "complex policy" to require a cosigner for someone under a certain age. There's nothing unlawful about that. It's just their way of having an extra "guaranty" of getting their rent money in the event of a "primary" default of the lease. Too many landlords get burned and let's not forget, apartment rentals are a "business." Someone has got to pay for their mortgage, and to make sure the profit money keeps rolling in with as little interruption as possible.

Sounds like a good business practice to me.

IAAL
 
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collegeMom

Guest
So, you think that you can legally require co-signatures of some people at a certain age, but not others? In this case, that appears to be the only criteria. What you're referencing is called "age discrimination", only it is a reverse form. Additionally, for the record, it is illegal to evict someone without the help of the courts.
 
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Votan

Guest
College Mom, to me your case is resolved in your favor. Drop a line to the Department of Justice in your state and explain the situation. Perhaps an attorney would be a great help.

Me too I have difficult time to believe that a cosigner for an adult of 22 y is needed when the person involved is working full time generating 23K/y.
 

I AM ALWAYS LIABLE

Senior Member
collegeMom said:
So, you think that you can legally require co-signatures of some people at a certain age, but not others? In this case, that appears to be the only criteria. What you're referencing is called "age discrimination", only it is a reverse form. Additionally, for the record, it is illegal to evict someone without the help of the courts.

My response:

What?

No one, least of all me, was even discussing "eviction without the help of the courts." Where did that come from?

So, using your logic, are you also saying that insurance companies cannot charge increased premiums because of someone's age? Like insurance companies, apartment owners know from a statistical standpoint that a certain age group; e.g., younger than 25 years of age, are more likely than not to breach the lease agreement in some fashion.

I have looked at the Georgia landlord/tenant statutes and there is absolutely nothing in your State's laws that prohibits an apartment owner from requiring a cosigner - - due to age or otherwise. There is no discrimination. It's strictly statistical for certain age groups - - like what an insurance company does.

This is strictly a "policy" and contractual matter. If your daughter doesn't like the contract provisions, then she is certainly free to find an apartment with a contract that may be more to her liking.

IAAL
 
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JETX

Senior Member
Votan, what are you smoking??? Your post is absolutely without ANY merit. It is NOT age discrimination.... and there is no PROOF that age has anything to do with the reason for co-signers. That was just ONE of the possible reasons that IAAL offered.... and even then only when Mom refused to understand why her absolutely perfect, innocent little angel would be forced to have a co-signer.

From the post, it seems obvious to me what the problem is.

1) She (the innocent, beautiful princess) was told before she moved in that she needed a co-signer on her lease. There is nothing wrong or improper or illegal for them to require a co-signer!!!
2) She apparently told them... "Oh, no problem. I will get a co-signer".
3) They said, "Okay then, princess, you can move in without it, but be sure to get the co-signer on your lease before ______ (fill in the blank)".
4) The beautiful, virginal princess said, "Oh, thank you!! I will certainly get the co-signer for you before ________ (fill in the blank)."
5) Now we zoom forward.... and the big, bad, evil apartment manager is actually requiring that the beautiful, voluptous, innocent princess actually do what she promised (to get the co-signer) and if she doesn't then they will FORCE her out into the bad, cruel world. (Get the co-signer that you promised, or we will huff and puff and evict you "this Friday (Sept 13th, 2002) because her parents have not co-signed the lease").

And the fairy (god)mother of the gorgeous, innocent, virginal princess just can't understand how the big, bad apartment manager can be so unkind and cruel to her kind-hearted, daughter.......

So, can anyone guess how this fairytale is going to end up.... will:
1) The beautiful princess get the required co-signer she needs so that she can stay in her palace..... or
2) Will the evil landlord prevail and kick her little ass out into the snow???

Stay tuned......
 

FarmerJ

Senior Member
CollegeMom You have to understand rentals from a LLs outlook If in the past you had younger tenants who had little rental history experiance BURN you financially would you not take more precautions ? CM I know you say the adult child is decent person etc BUT with the high cost of having rentals and how quickly one tenant can cost a LL thousands in loss . You have to see the other side of it ( when I had rentals I didnt rent to first timers at all) If you decide to assist your adult child then ask for the lease to be modified so at the end Of the lease it must expire so you are off the hook once a new lease is signed , Your childs LL will have ample time to figure out that your child is as responsible as you say .
 

I AM ALWAYS LIABLE

Senior Member
Votan said:
College Mom, to me your case is resolved in your favor. Drop a line to the Department of Justice in your state and explain the situation. Perhaps an attorney would be a great help.

Me too I have difficult time to believe that a cosigner for an adult of 22 y is needed when the person involved is working full time generating 23K/y.

My response:

Talk about a "left field" response!

Please show me any Federal or State law prohibiting a cosigner on a tenancy lease.

Department of Justice? Why don't we just file an action directly to the United States Supreme Court?

Gee, do you think you have any idea or clue about what you're talking about? SHOW ME something, anything, in the GEORGIA statutes prohibiting a lease contract cosigner.

And, to think, there's a town out there looking for its "village idiot". Hey, we found Votan! He's right here! Come get him!

IAAL
 
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Votan

Guest
Hmm.... let's see what did I do!

First, nobody denies the right of la andlord to make profit on his investment and to protect his property. By no means that right should be construed in way to deny a person, be it gentleman or a lady it doesn't matter, the right to rent housing property for as long as the seeker is able to pay the rent.

A person at 23 can borrow money, buy real estate, cars, guns, ... etc. without a cosigner for as long as he can pay for it. Creditors are not allowed to require a cosigner with a 23 y/o person. Equally, a landlord cannot justify requiring a cosigner with a 23 y/o person to rent an apartment. After all, renting an apartment is paying in advance, not by credit. The risk of losing money from nonpayment of rent is no greater than the risk of any other business for profit.

To pretend that a landlord can deny housing to a person at 23 who can pay rent from his own labor because there is no cosigner is incredible. Whether or not it is expressly stated in the tenant-landlord code that a landlord cannot require a cosigner to a person at 23, denying housing to a seeker of that age because of lack of a cosigner is actionable under the age discrimination act.

I would recommend to both, landlords and tenants, that critical cases like the one at hand should not be taken to small claims courts. Most of these judges make hasty funny decisions without fearing a check on them. Appeal is not an option in most cases. These judges tend to satisfy their constituents; landlords are always there, tenants are not. Virtually all courts have jurisdiction on age discrimination and that should be the proper forum.
 
http://www.georgialandlord.com/

Under the GA Landlord Tenant-Fair Housing Section, click on Credit Reports. I'm not sure if this applies to your situation but it's about the only information I could find on co-signers/leases.

Votan, could you provide any links to back up your assertion that creditors can't require a co-signer for a 23 yr old? Until you provide a link, it's just your opinion.

Unfortunately, I've known older people with crappy credit/no credit that needed a co-signer before a bank or other creditor would loan them money or supply a service. It's all based on the risk and the ability to repay. It doesn't have a thing to do with age. A young adult with no rental history can be a risk, even with a full time job. Until they've established a proven record of paying on time and prioritizing their finances, a creditor should be able to minimize his risk.
 
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