Q:  I have a tenant who is a college student whose father co-signed the lease as a guarantor. The tenant has stopped paying rent. I spoke with the guarantor, who has paid all rent owed, and they want me to proceed with an unlawful detainer against the tenant and change the locks. Can I proceed with an unlawful detainer at the guarantor’s request when the tenant has stopped paying rent?

A:  No, a landlord cannot proceed with an unlawful detainer for nonpayment of rent if the rent is in fact being paid, nor can a landlord of a residential tenant perform a constructive eviction by changing the locks under any circumstances. A guarantor does not have the authority to request the commencement of unlawful detainer proceedings. Moreover, the guarantor is a party to the lease agreement and is personally liable for any unpaid rent. Having a parent-guarantor is common when renting to college-age tenants, but enforcement of the lease agreement and the laws governing it are not altered by the familial relationship of a guarantor and tenant.

What is the Legal Hotline?

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!