Guarantor/cosigner release request letter (CA)
Legal advice recommended before use.
A guarantor (cosigner) who backed your lease doesn't automatically stay on the hook forever. Most guaranty agreements only cover the original lease term unless they expressly say otherwise, and under Cal. Civil Code § 2815, a guarantor can revoke a continuing guaranty as to future transactions — like a lease renewal or new term — by written notice to the landlord. Use this letter to put that release or revocation in writing and get it acknowledged before you renew.
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Get the release in writing — a landlord's verbal assurance that a guarantor is "off the lease" isn't enforceable if a dispute comes up later. If your guaranty agreement lists specific release conditions, quote them directly and attach proof they're met. This is a template, not legal advice; consider having a tenant attorney review your specific guaranty language, especially before signing any lease renewal. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
Does a guarantor automatically stay responsible after my lease renews?
Not necessarily. Guaranty agreements are generally read to cover only the specific lease term they reference unless the language expressly extends to renewals, extensions, or holdovers. If yours doesn't say that, your guarantor's obligation may end when that original term ends — but you should still get a written release rather than assume it.
How do I revoke a guaranty for future lease terms under California law?
Cal. Civil Code § 2815 lets a guarantor revoke a continuing guaranty as to future transactions by giving notice to the landlord. The guarantor stays on the hook for anything that already happened (rent already owed, damage already done) but is no longer bound going forward — for example, for a lease renewal signed after the revocation notice.
Can my landlord change the guaranty's obligations without the guarantor's consent?
Under Cal. Civil Code § 2819, a guarantor can be exonerated (released) if the landlord materially alters the underlying obligation — for example, a significant rent increase, added tenants, or a changed lease term — without the guarantor's consent. This is one more reason a renewal shouldn't just be assumed to carry the old guaranty forward.
My guaranty agreement says the guarantor waives these protections — does that override Civil Code §§ 2815 and 2819?
It can. Cal. Civil Code § 2856 allows a guarantor to waive many suretyship defenses in the guaranty agreement itself, and many landlord-drafted guaranty forms include broad waiver language. Read your specific agreement — if it waived these rights, the clearest path to release is whatever release condition the guaranty itself sets out, or a landlord's voluntary written release.
What if my landlord won't confirm the release in writing?
Keep a copy of this letter and proof of delivery (certified mail or email with confirmation). If the landlord continues to treat the guarantor as bound after a valid revocation or after the stated release conditions are met, a tenant or guarantor attorney can advise on next steps; local resources like Bet Tzedek or Legal Aid Foundation of Los Angeles can help renters who can't afford one.
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