Guarantor/tenant Rider Agreement

[Chin-Mae]

I'm moving into a 3br with two other people. Only one person has a guarantor. The lease states that the guarantor is responsible for the entire lease. How can we write a side agreement that makes this portion of the lease null and void and what type of rider agreement can we make between tenants so that we are all equally responsible for our portion of the lease?

Thanks so much for your time.

ANSWER: Tina, thank you for the question.  The purpose of a Guarantor is to enable a Tenant to rent a property they can't qualify for on their own.  The Landlord/Manager is taking a risk, so they insure the risk with a Guarantor, kind of like when kids get car insurance under their parents' policy.  If the Tenant fails to pay, the Guarantor is legally liable for all amounts due.

If I understand you correctly, Tenant #1 has a Guarantor and two new people are wanting to move in.  The first problem with this is that most rental agreements do not allow people to move in without permission from the Landlord.  Check the rental agreement closely and see if others are allowed to move in.  If they are, are there any requirements like turning in applications for the new tenants or signing a new agreement?

Respond with that information and I can finish answering the question.

---------- FOLLOW-UP ----------

I think you misunderstood the question or I may not have worded it properly. The second tenant and I do not need a guarantor, only the third tenant does.

We are all applying for the apartment together.

There is a section of the lease that states the guarantor is soley responsible for the amount of the lease, if the other 2 tenants default.

The second roommate and I want to provide a legal side agreement with the guarantor that would make the sole monetary liability section of the lease void and that we will all be equally responsible for the amount of the lease.  

I'm not sure how to do this?

[Newell]

In a typical lease agreement, each tenant is 100% responsible regardless of how many tenants share the unit.  The method you want to use would stipulate each tenant is responsible for a certain portion of the rent.  Let's say you were all responsible for 1/3 of the rent and two of you skip town.  The remaining tenant could legally remain in the unit by paying 1/3 of the rent!  No Landlord will accept that, which is why the agreement requires that each tenant is 100% responsible.

My recommendation is, don't change a thing without consulting an attorney for professional advice.  Sign the lease agreeing that each tenant is liable(the Guarantor is basically accepting responsibility on behalf of Tenant #1).  Then generate a separate agreement between the three tenants spelling out each individual's responsibilities.