If I cosign my active military daughters lease and she is transferred can they still come after me?

schazjmd

Under the Servicemembers Civil Relief Act (section 305), she can terminate a lease if she receives permanent change of station orders. You should verify the language of the lease that you co-sign, to ensure that your status is solely as financial guarantor and not as an additional lessee. She should be able to consult with the base legal office on this.

amanda

Yes as a co-signer you are liable. But with her being in the service they will make some sort of agreements with you or her. They usually give them some credit because they are in the military. Talk to them, the company, and see what will happen to the credit or yours if you do. But all collectors give leeway to your if in the military. That and her branch of service can help with that. Take a percentage of the fee of and take the interest low and all kinds of things. They really try to help as much as possible.

chica

She needs to find out if they have a military clause....which basically states that they are aware she is in the military and it may not be possible for her to live out the life of the lease.( Due to a possible PCS..or change of station) In that case if they do...they just release her and no problems. A lot of establishments have them ...especially in locations where there are a lot of military bases. Typically they just need proof of her active duty status.

MP US Army

You need to make sure there is a military clause in the lease.

This would state that if she gets orders she can terminate the lease with 30 days notice.

But yes you are liable if you sign.

DOOM

Soldiers and Sailors relief act. She can break the lease as long as she furnishes legitimate orders transferring her either to another area or out of the Coast Guard. That should be in her lease.

Joe

I had a lease and got called to active duty and I had a clause in my lease to let me out of it. FYI..I got called for desert Storm in 1991 after I was off active duty...the clause just happened to be there
Look for the same type clause or ask for it

princess_dnb

If you cosign and she doesn't pay you are responsible. If you cosign and she breaks the lease and doesn't pay whatever fees are involved, you are responsible.

Mencken

If you cosign, you're liable.

Magnus01

No, she would fall uner the soldiers and servicemember act that would HAVE to let her out of her lease due to military transfer upon producing a copy of her military transfer orders. I think that you should check with the base legal authorities to make sure that there aren't any other snags but that would be my first place to start researching.

lisab

No one you cosign you are liable for it. She should be aware in her rental agreement if they have a military clause. If it doesn't has long as you give a 30 day notice you can usually leave with out any hassles.

The White Rose

I don't agree with the military clause argument. It's your baby. She is the FIRST set of pockets, and you signed on as the SECOND set of pockets. So I don't think this will apply to a co-signor.

I think you are liable. That's why they MADE you co-sign, so that if she got transferred, you'd pay up.

Talk to them, maybe they'll just forget about it anyway.

C B

Before you sign anything make sure that she can get out of the lease if she gets orders to transfer. A lease is negotiable. Also include this clause in any document you sign.

NIKKI1118

Did you signe a military clause? We did in San Diego and all we had to do was take his new orders in the rental office and give them a copy and you still have to give a 30 day notice

Annie

First, the only way to be sure she can break the lease if she is transferred is to have a military clause in the lease. She must have that to be protected..otherwise, she would have to pay any of the fines and additional costs that would come with breaking a lease.

Next, if you co-sign you are responsible for any rent or the cost of any repairs from damages that occur if your daughter does not pay them. My suggestion would be to have her set up her rent payment as an allotment from her military paycheck. That way, the rent will automatically be deducted from her check and paid each and every month. As far as damages, you can either have her set aside a certain amount each month if you feel this is a legitimate concern (especially if she has any pets) or have an agreement between the two of you on how it will be handled if it occurs.

Mrsjvb

if both of your names are on the lease and she gets PCS orders, YOU are NOT covered under the military clause in the lease and would still be liable.

Smoker06

Make sure that the lease has a military clause in it. I've never been stationed in a state that didn't have a military clause. When ifshe gets orders, she can get out of the lease prior to it's completion. She should get this even if you weren't co-signing for her.

shlick

If she has actual orders they cant do anything about that. Um I think its called the sailor soldier act or something like that, but if your in the military (in time of war the coast guard falls under the department of defense, and in time of peace the dep. of transportation) you cant be held liable if you get govt. orders to a different duty station or if you get sent overseas. It happened to most of the married guys in my unit when we were sent to Iraq. All she has to do is take her orders to her landlord and if they continue to harass her all she has to do it take it to her base legal department. Its the same with cell phones to. They cant charge you the disconnect fee if you get sent over seas, they will just put your phone on hold and not charge you for use until you come back.

Jennifer W

If you co-sign and she doesn't pay for whatever reason other than bein deployed, than yes, you are liable. My sister screwed my parents over twice for this and my dad is in the Air Force. However, there should be a clause in the lease that EXCUSES punishment fees for early lease termination because of deployment. If she just quits paying just because, you're held liable, but if she is deployed, than you should be able to terminate the lease with no problem. Although a court would say, "Too bad, so sad," for the money you're out if your daughter just screwed you over, you can sue HER for that money you are owed b/c you are co-x based on good faith that she will pay her rent. And yes, my dad was stationed at Scott (where you probably are) when she decided to screw him over.

The Super

They should definately have a military clause. So when she get's orders they'll have to break the lease.

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