Guarantor/cosigner release request letter (NY)
Legal advice recommended before use.
A lease guaranty is a written contract under New York's statute of frauds, General Obligations Law § 5-701(a)(2), and it can only be changed the same way it was made: in writing, signed by the party being held to it. Under General Obligations Law § 15-301, a landlord cannot unilaterally extend a guarantor's obligation into a lease renewal or new term — if the original guaranty was limited to a specific lease term, the guarantor's liability generally ends when that term ends unless they separately signed on to the renewal. Use this letter to ask the landlord to confirm the release in writing.
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Keep a copy of the original signed guaranty and the current lease — you'll want both if the landlord disputes the release. This is a template, not legal advice; for a guaranty with unusual "burn-off" or renewal language, consider having a tenant attorney review it before you rely on this letter alone. 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 stay on the hook if the lease renews?
Not automatically. Under General Obligations Law § 15-301, a written guaranty can't be extended or modified without the guarantor's own written, signed consent — so unless the guaranty explicitly says it covers renewals, or the guarantor signed the renewal lease, their liability generally ends with the original term.
Does the release need to be in writing?
It doesn't have to be, but you should insist on it. Since the guaranty itself is a written contract under General Obligations Law § 5-701(a)(2), a written, signed release from the landlord is the cleanest way to avoid a later dispute over whether the guarantor is still obligated.
What if the guaranty says it covers 'the lease term and any renewals or extensions'?
Then the guarantor may remain liable through renewals unless the document also sets a separate release trigger (like a set number of months of on-time rent). Read the exact language of the original guaranty — that language controls.
Who should send this letter, the tenant or the guarantor?
Either can send it, or both can sign it together. Landlords are often more responsive when the guarantor sends it directly, since it's the guarantor's own liability being addressed.
What if the landlord ignores the request or refuses to release the guarantor?
Keep your written request and any proof of the conditions being met (payment records, the original guaranty language, dates of lease renewal). If the guaranty's own terms support release and the landlord won't confirm it, a tenant attorney can advise on next steps.
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