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No. of Recommendations: 4
aj485:

"When was it determined that she would not be able to attend? Why did this discussion not occur at that point?"

This. How long was this unattended? And why?

"1. At this point, you had better make arrangements to get the August rent paid TODAY, as you are already 29 days delinquent on that obligation. Come September 1st, UH can report the account as being 30 days delinquent on both credit reports - yours and your niece's.

2. You and/or your niece need to be proactive about getting the space leased again. When it is re-leased, you need to understand if you would have any further obligation - for instance, if the new tenant chooses to not live in the space during June and July, are you still responsible for the rent for those months? Are you responsible for any damage the new tenant causes? etc.

3. If you can't afford to pay the $577 each month yourself, without taking out a personal loan, it was a big mistake for you to agree to be her guarantor. Let that be a lesson to you, if in the future, you are asked to be a guarantor or co-signer for any other obligation. As the guarantor or co-signer, you are agreeing to make the payments, just as much as the borrower. If it would cause a hardship for you to make the payments, you should not agree to be the guarantor/co-signer.

4. You need to have a discussion with your niece about how the choices she has made have impacted you, and what she is going to do to make things right. In the mean time, if you don't want your credit score impacted, you need to pay the obligation, as you agreed to."


I mostly agree with aj.

You did not mention the school, and I have no idea whether Univeristy House is part of the school or a private owner.

What I would note, is that if UH is a private party, then Florida law would likely govern a lease, and might impose on the Landlord a duty to mitigate damages, but even if it does so, it is not a panacea and may not fix the problem. I am not a Florida lawyer but I see many leases that provide that as long as landlord lists the space with its broker it is fine, and that the Landlord owes no duty to lease yoru space first over other space that the Landlord migh have avialble for lease.

I would strongly reiterate aj's points 1 and 2 above, and then suggest that if you want more specific advice, you find a Florida lawyer.

I cannot imagine that having a collection on your account would help your credit rating and find it surprising to beileve that a long youw ould obtain would be cheaper than simply paying the rent monthly.

You should also be conerend about late fees, and other possible consequences for having been late or continuing to be later with montly payments. I see lots of leases that provdide for a 5% late fee if the rent is not paid within 3 (or 5) days of when due, without any required notice that rent was unpaid.

And it woudl nto surprise me if that lease obligated you (your niece and you) to pay the Landlord's legal fees or other costs of collection.

Regards, JAFO

Disclaimer

Yes, I am a lawyer (not in Florida), BUT THIS IS NOT LEGAL ADVICE; it is only general information. NO CLIENT RELATIONSHIP IS INTENDED TO BE CREATED, NOR IS ANY SUCH RELATIONSHIP SO CREATED. FOR SPECIFIC LEGAL ADVICE YOU SHOULD TALK TO A LAWYER IN YOUR AREA.
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