Lease question in Arizona with co-signers

[Packer12]

I co-signed on a lease for my daughter in AZ who's in college. Her boyfriend and his dad are also on the lease.

My daughter just got a TRO against her boyfriend last week. They have a one bedroom apartment they share a lease with. The leasing office told her she could get off the lease if she got the TRO and the guy who told her is gone now and the new manager says only in Texas do they allow someone to get off the lease with a TRO.

The boyfriend has no job and the dad is getting ready to file bankruptcy. What recourse do we have in getting half of the $1300 rent paid for the final 4 months of the lease?

Can we sue the boyfriend and his dad in court? If we get a judgment can we collect if the dad files bankruptcy?

Any help would be greatly appreciated.

 

[PayrollHRGuy]

A lawsuit is your only option and you can sue but if the Father is in BK or about to be and the son has no income your chances of collecting anytime in the near future are somewhere between slim and none.

 

[Zigner]

I disagree with PayrollHRGuy. Your daughter can get out of the lease: https://www.azleg.gov/ars/33/01318.htm

Oh, to be clear: The new manager is also wrong.

 

[PayrollHRGuy]

You disagree with the new manager, not me. I was only answering the three questions Packer12 asked.

 

[Zigner]

You disagree with the new manager, not me. I was only answering the three questions Packer12 asked.

Your post started out with: "A lawsuit is your only option...", and that is not correct. The OP's main question was how to go about not being responsible for the remaining four months of the lease. The correct answer is that the OP's daughter can get out of the lease due to the domestic violence. The remainder of the questions become moot once the OP understands that.

 

[PayrollHRGuy]

Which was my answer to: "What recourse do we have in getting half of the $1300 rent paid for the final 4 months of the lease?" I agree that wasn't correct but it was based on him having no other recourse against the LL. That assumption was wrong.

What wasn't wrong was that if he sues the BF or the Father he slim or no chance of getting his $1300.

 

[Zigner]

What wasn't wrong was that if he sues the BF or the Father he slim or no chance of getting his $1300.

I agree, but it won't come to that.

 

[Packer12]

Thanks for the response.

The TRO was issued and granted last week. Is this considered domestic violence per se? He burned her arm last year but the TRO was granted for him trying to kill himself and repeatedly harassing her and not leaving. It says domestic violence in the last 30 days from:

C. The tenant may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence as defined in section 13-3601 or sexual assault pursuant to section 13-1406 occurred within the thirty-day period immediately preceding the written notice of termination to the landlord, unless waived by the landlord.

 

[Zigner]

Thanks for the response.

The TRO was issued and granted last week. Is this considered domestic violence per se? He burned her arm last year but the TRO was granted for him trying to kill himself and repeatedly harassing her and not leaving. It says domestic violence in the last 30 days from:

C. The tenant may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence as defined in section 13-3601 or sexual assault pursuant to section 13-1406 occurred within the thirty-day period immediately preceding the written notice of termination to the landlord, unless waived by the landlord.

Harassment is one of the things included in the definition of domestic violence. Your daughter (and you) should speak with an attorney for confirmation, but it appears that she's entitled to break the lease.


***************
https://www.azleg.gov/ars/13/03601.htm
A. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

***************
https://www.azleg.gov/ars/13/02921.htm
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
.
.
.
3. Repeatedly commits an act or acts that harass another person.

 

[Litigator22]

I co-signed on a lease for my daughter in AZ who's in college. Her boyfriend and his dad are also on the lease.

My daughter just got a TRO against her boyfriend last week. They have a one bedroom apartment they share a lease with. The leasing office told her she could get off the lease if she got the TRO and the guy who told her is gone now and the new manager says only in Texas do they allow someone to get off the lease with a TRO.

The boyfriend has no job and the dad is getting ready to file bankruptcy. What recourse do we have in getting half of the $1300 rent paid for the final 4 months of the lease?

Can we sue the boyfriend and his dad in court? If we get a judgment can we collect if the dad files bankruptcy?

Any help would be greatly appreciated.

The status of the boy's father is not made clear. Meaning it is uncertain as to whether he is a party to the lease or has simply guaranteed its performance? There is a huge difference as it relates to your questions. Because if his status is that of a guarantor only, then neither your nor your daughter would have any legal recourse against him. Why? Because his promise would run exclusively to the lessor. You could not benefit by that guarantee nor be subrogated to the rights of the lessor to enforce it.

However, if he is a named party to the lease agreement ("boyfriend and dad are on the lease") then his status wouldn't be a guarantor of the lease but rather a co-obligor jointly and severally liable along with all others signatory to the lease.

In which case should he fail to pay his agreed share of the rent, the other lessees would have the right of contribution. Meaning that they could sue him for his agreed share of the rent . Provided,however that the others have first paid his share.

In other words, a cause of action for contribution is only for reimbursement of a loss actually suffered, not an anticipated loss.

 

[Zigner]

My responses are based on the OP being a guarantor only. This is all the more reason for the OP the daughter to speak to a local attorney.

 

[not2cleverRed]

My responses are based on the OP being a guarantor only. This is all the more reason for the OP the daughter to speak to a local attorney.

There many be resources at the daughter's college that can help her with this issue. Most campuses do.

 

[Packer12]

The leasing company is saying she signed some Violence Against Women's addendum and it won't let her out of the lease because of that.

Does that even make sense?

 

[not2cleverRed]

The leasing company is saying she signed some Violence Against Women's addendum and it won't let her out of the lease because of that.

Does that even make sense?

I wonder if your daughter might be dealing with some idiot that has taken
Form HUD-91067, VAWA Addendum, which is supposed to protect victims of domestic violence from being evicted as a result of their victimization, and misinterpreted it to mean that instead she can't get out of her lease.

If so, the idiot is wrong, and is not only violating AZ law, he is afoul of HUD VAWA 2013 requirements.
HUD is federal. He has completely misinterpreted the rules.
https://www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf

Have your daughter see if she can get help on campus, before getting an initial consult with a lawyer.

 

[DeenaCA]

Unfortunately VAWA 2013 and its predecessors only apply to housing subsidized by HUD. Many states and municipalities have enacted laws that provide similar protections for victims of domestic violence, but there is no federal protection for tenants of unsubsidized rentals.

OP, check this website for more information and legal services.

The leasing company is saying she signed some Violence Against Women's addendum and it won't let her out of the lease because of that.

Edited to add: in general, people cannot sign away their legal rights by signing a lease addendum. AZ's law is intended to protect the safety of domestic violence victims. It's doubtful that landlords could negate these protections via lease terms.