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Posted by dennis_nj on December 14, 2001 at 00:52:02:

In Reply to: Re: I guaranty posted by Robert on December 14, 2001 at 00:15:57:

: If you look at NY law, anytime there is a lease with multiple names on the lease, everyone on that lease is responsible for the rent in its entirety, as well as any damage done to the apartment. Joint and Several Liability applies to any NY lease with more than one name on it.

: This is besides the point. What I need help with is weather my father is guaranteeing my lease even though I am not on it. He sent my landlord the guarantee papers, and those papers specify only that he is guaranteeing "Tenant" not me or anyone specifically. Others are on the lease, but I have not been added yet.

: Robert

ok, i'll buy the joint and several for people NAMED on the lease, but you said you are not on the lease, so there is no personal liability on YOUR part.
now, on the guarantee papers, standard contract law is to define the terms used in the contract, something like "hereinafter the term 'tenant' shall mean John Smith, and the term 'landlord' shall be Joe Schmoe". let's assume you are correct in that there is nothing of the sort. if the papers simply state that guarantor (your father) is guaranteeing payment for the apartment, with no names listed as to who tenant is, he is probably stuck. who supplied this form, your father or the landlord?
generally, in landlord/tenant contracts, if there is any ambiguity as to what something means, courts tend to lean in favor of the person who did NOT write the contract.

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: : If you look at NY law, anytime there is a lease with multiple names on the lease, everyone on that lease is responsible for the rent in its entirety, as well as any damage done to the apartment.  Joint and Several Liability applies to any NY lease with more than one name on it. 

: :  This is besides the point.  What I need help with is weather my father is guaranteeing my lease even though I am not on it.  He sent my landlord the guarantee papers, and those papers specify only that he is guaranteeing "Tenant" not me or anyone specifically.  Others are on the lease, but I have not been added yet.  

: : Robert

: ok, i'll buy the joint and several for people NAMED on the lease, but you said you are not on the lease, so there is no personal liability on YOUR part. 
: now, on the guarantee papers, standard contract law is to define the terms used in the contract, something like "hereinafter the term 'tenant' shall mean John Smith, and the term 'landlord' shall be Joe Schmoe". let's assume you are correct in that there is nothing of the sort. if the papers simply state that guarantor (your father) is guaranteeing payment for the apartment, with no names listed as to who tenant is, he is probably stuck. who supplied this form, your father or the landlord? 
: generally, in landlord/tenant contracts, if there is any ambiguity as to what something means, courts tend to lean in favor of the person who did NOT write the contract.   


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