Can I still be held liable if it has been three years when I cosigned a lease for my son for a 1 year period? 6 Answers as of February 20, 2014

I cosigned a lease for my son for a 1 year period. It was agreed at that time that after a year I would no longer be on the lease and my son would take it over solely. It has been three years now and my son has not paid rent for one month and is being evicted. The landlord has now contacted me stating since a new lease was never written and he has been on a month to month lease I am still reasonable. I had contacted her after the first year and she stated she would take me off the contract and agreed I was no longer responsible. None of this is in writing however. Additionally, I have received nothing in writing about any non payments of rent from her. My question is, can I still be held liable for this?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
A month to month is created at the end of the term of the written lease. You need to give 30 days written notice to terminate your responsibility.
Answer Applies to: New York
Replied: 2/20/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
If there is no evidence of the agreement to release you are still on the hook.
Answer Applies to: California
Replied: 2/20/2014
Law Offices of George H. Shers | George H. Shers
You should not be responsible since the agreement, whether written or not, was that you would be a co-singer for only one year. Normally, when a one year lease expires the tenancy switches to a month to month tenancy under the same terms, but here it would be reasonable to take the position that you are no longer on the lease. Tell the landlord to cite to you any statutory or case law supporting her position, since she will not be able to do so.
Answer Applies to: California
Replied: 2/20/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
Your liability under the guarantee depends upon whether the guaranty states it is limited to a one-year lease.
Answer Applies to: California
Replied: 2/20/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would have to examine the lease to render an opinion, which might cost more or be in addition to the rent if your are liable. What is it worth?
Answer Applies to: Michigan
Replied: 2/20/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe, but I doubt it. It may be more costly for her to go after you than let it go. However, if she does sue you in small claims court, tell the judge what you said here. Chances are she will lose.
    Answer Applies to: Idaho
    Replied: 2/20/2014
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