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Posted by dennis_nj on December 11, 2001 at 10:27:13:

In Reply to: Re: I guaranty posted by Robert on December 09, 2001 at 21:49:36:

: There is no way to guarantee just me from a legal stand point. He is guaranteeing me but I am responsible for the entire lease. In any leasing situation where there is more than one person there is Joint and Several Liability.

robert, you are incorrect. there is NOT joint and several liability UNLESS it is specifically stated on the lease, and if you are not on the lease, you have no liability. on the guaranty form your father signed, who is identified as 'tenant'? there must be a specific designation as to who 'tenant' is. if you are not on the lease, and have not signed the lease, you can not be held liable for this to the landlord. on the other hand, if you were on the lease, and your father signed the guaranty form for YOU (the named 'tenant'), AND there was a jointly and severally clause, then your father would have liability. anybody else have any opinions on this?

Follow Ups:

• Re: I guaranty Robert 12/11/01 (3)
  • Re: I guaranty dennis_nj 12/11/01 (2)
    • Re: I guaranty Robert 12/14/01 (1)
      • Re: I guaranty dennis_nj 12/14/01 (0)

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Comments:
: : There is no way to guarantee just me from a legal stand point.  He is guaranteeing me but I am responsible for the entire lease. In any leasing situation where there is more than one person there is Joint and Several Liability.  

: robert, you are incorrect. there is NOT joint and several liability UNLESS it is specifically stated on the lease, and if you are not on the lease, you have no liability. on the guaranty form your father signed, who is identified as 'tenant'? there must be a specific designation as to who 'tenant' is. if you are not on the lease, and have not signed the lease, you can not be held liable for this to the landlord. on the other hand, if you were on the lease, and your father signed the guaranty form for YOU (the named 'tenant'), AND there was a jointly and severally clause, then your father would have liability. anybody else have any opinions on this?


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