Guarantors on an apartment lease: what to know before signing

A guarantor (often called a cosigner) is a person who promises the landlord to pay the rent if the tenant cannot. This is a serious responsibility, both for the tenant and for the person who signs.

This guide is about New York. The official sources we read give no general explanation of guarantors on apartment leases. So this page holds only verified facts, and a list of the points on which we found no official answer.

What signing a guaranty means

The Federal Trade Commission (FTC) explains what it means to cosign a loan. A lease guaranty is a separate document and may be written differently. About loans, the FTC says:

A person who cosigns a loan agrees to be responsible for someone else’s debt.
The cosigner may also have to pay late fees or collection costs.
The creditor can collect the debt from the cosigner without first trying to collect from the main borrower. In some states, the creditor must try to collect from the borrower first.
If the debt goes unpaid, that fact may become part of the cosigner’s credit record.

Where we found no official answer

The official sources we read do not explain these points in general. This is not legal advice:

What does the guaranty cover: only the rent, or other charges too?
How long does it last: only for the first lease term, or after a renewal too?
When does it end?
Does the person sign only as a guarantor, or is the person also listed on the lease as a co-tenant? These are two different things.
Can the landlord ask the guarantor to pay directly, or must the landlord ask the tenant first?
Is the guaranty in writing?
For housing problems, the city’s Tenant Helpline is at 311.

When a landlord cannot ask for a guarantor

Housing voucher. The NYC Commission on Human Rights says that a landlord cannot require a tenant with a housing voucher (for example Section 8) that calculates the tenant’s share of the rent based on income to find a guarantor or co-signer.

If a landlord asks for a guarantor

Which document (proof of income) a landlord accepts instead of a guarantor is the landlord’s own decision: the official sources we read set no rule on it. Documents that landlords often ask for with an application: Renting an apartment in New York.
The official sources we read set no general rule for an application without an SSN or a credit score. The exception is a housing voucher: its rule is above.

If someone asks you to be a guarantor

When a relative or friend asks you to be their guarantor, the rules and questions above apply to you too. About loans, the FTC says that a person who cosigns agrees to be responsible for someone else’s debt.

Common mistakes

Signing a document without reading or understanding it.
Not telling the guarantor what the guaranty means for them.
Not finding out how long the guaranty lasts and what it covers.
Paying money before seeing the apartment and without a copy of the lease. The FTC’s steps against rental scams include seeing the place in person and getting a copy of the contract before sending any deposit money.

Key terms

Plain meanings, not legal definitions. The Georgian word is in brackets.

guarantor, cosigner: a person who promises the landlord to pay the rent if the tenant cannot (გარანტორი, კოსაინერი).
guaranty: the document the guarantor signs (გარანტია).
SSN: Social Security number (სოციალური დაცვის ნომერი, in speech „სოშალი“).
landlord: the owner who rents out the apartment (მესაკუთრე).
tenant: the person who rents the apartment (მოქირავნე).
lease: the rental agreement (ქირავნობის ხელშეკრულება).
credit score: a number that sums up a person’s history of paying debts (საკრედიტო ქულა).
proof of income: documents that show income (შემოსავლის დამადასტურებელი დოკუმენტები).

All words on one page: glossary (in Georgian).

Official links

FTC: cosigning a loan, questions and answers (about loans, not leases).
NYC Commission on Human Rights: source of income discrimination (March 2023).
NYC Department of Housing Preservation and Development: Tenant Bill of Rights (in several languages, not Georgian).

Looking for an apartment or a room?

Apartment and room listings from Georgians: Housing. If you rent out an apartment or a room, posting a listing is free.

This is general information and not legal advice. Rules change. The current rules are on the official pages.