A guarantor is someone who promises to pay your rent if you don't
A guarantor is a person who signs a legal promise to cover your rent and other lease obligations if you fail to pay them. The landlord can pursue the guarantor for money just as they would pursue you — through small claims court, collection agencies, or a judgment against their credit. The guarantor does not live in the apartment and has no right to live there; they exist solely to reassure the landlord that rent will be paid.
Landlords ask for a guarantor when they doubt you can pay reliably on your own. This usually happens because your income is too low, your credit is poor, you have an eviction history, or you are new to renting with no rental references. A guarantor shifts the financial risk from the landlord to someone else — typically a parent, relative, or close friend with better income or credit.
The guarantor's obligation is real and enforceable. If you stop paying rent, the landlord can skip you entirely and go straight after the guarantor. The guarantor cannot straightforward say "that's between you and the tenant" — they have signed away that option.
Key Takeaways
- A guarantor is legally responsible for your rent if you do not pay, and the landlord can sue them directly without suing you first.
- Most landlords require a guarantor's income to be 40 times the monthly rent, so a $1,500 apartment typically needs a guarantor earning at least $60,000 per year.
- A guarantor's credit report will show the lease as a contingent liability, which can affect their ability to borrow money.
- Some states limit how much a guarantor can owe or require the landlord to pursue you before going after the guarantor, so the rules depend on where you live.
Income and credit requirements for a guarantor
Landlords typically require a guarantor's gross annual income to be at least 40 times the monthly rent. For a $1,500 apartment, that means the guarantor needs to earn roughly $60,000 per year before taxes. Some landlords use 30 times the rent instead, and a few use 50 times — it varies by property and region.
The guarantor will also need to pass a credit check. Most landlords run the same screening on a guarantor as they do on you: they pull a credit report, check for evictions, and sometimes verify employment. A guarantor with poor credit, recent collections, or an eviction history may be rejected even if their income is high enough.
The guarantor must provide proof of income, usually recent pay stubs, tax returns, or a letter from an employer. If they are self-employed or retired, they may need to show bank statements or investment account statements instead. The landlord will verify this information before accepting them.
How a guarantor affects the guarantor's own finances
Signing as a guarantor creates a legal debt in the guarantor's name. Credit bureaus will report the lease as a contingent liability — money the guarantor might owe if you default. This appears on their credit report and can lower their credit score, even if you pay rent on time and they never have to pay anything.
The contingent liability can make it harder for the guarantor to borrow money. A bank or lender sees the lease obligation and factors it into debt-to-income calculations. If the guarantor is trying to get a mortgage, car loan, or credit card, the lease may reduce how much they can borrow.
If you fall behind on rent, the damage to the guarantor's credit is when ready and severe. A judgment against them will stay on their credit report for seven years. Even if the guarantor pays what you owe, the record of the judgment remains and affects their borrowing ability for years.
What happens if you don't pay rent
When you miss rent, the landlord typically sends a notice to both you and the guarantor. The notice period varies by state — usually 3 to 5 days — and gives you a chance to pay or face eviction. If you do not pay within that window, the landlord can file for eviction in court.
The landlord does not have to wait for an eviction judgment before going after the guarantor. In most states, the landlord can sue the guarantor in small claims court or civil court at any time after you miss a payment. Some states require the landlord to pursue you first or to get a judgment against you, but many do not — the guarantor's obligation is independent.
If the guarantor is sued and loses, a judgment is entered against them. The landlord can then garnish the guarantor's wages, place a lien on their property, or freeze their bank account to collect. The guarantor's only defense is to prove they did not actually sign the may provide or that the lease itself is invalid.
State laws that limit a guarantor's responsibility
A few states have laws that protect guarantors. New York, for example, requires landlords to pursue the tenant first before suing the guarantor, and limits what a guarantor owes to the amount actually owed (not attorney fees or other damages). California requires the guarantor to receive a copy of the lease and any notices sent to the tenant.
Most states, however, have no special protections for guarantors. The guarantor's obligation is whatever the lease says it is. If the lease makes the guarantor responsible for rent, utilities, damages, and attorney fees, they are responsible for all of it.
Before signing as a guarantor, ask the landlord or property manager what state law applies and whether there are any limits on the guarantor's liability. Some landlords will agree to limit the may provide to a specific amount or a specific time period, though they are not required to do so.
Alternatives to finding a guarantor
If you cannot find a guarantor, some landlords will accept a co-signer instead — someone who signs the lease with you and is equally responsible for rent. A co-signer is slightly different from a guarantor because they are a party to the lease itself, but the financial obligation is similar.
Other landlords will accept a larger security deposit in place of a guarantor. Instead of a guarantor backing you up, you pay extra money upfront that the landlord can use if you default. The amount varies, but it is often one to three months' rent. This protects the landlord without involving another person.
Some landlords will accept proof of savings or a letter of credit from a bank. If you can show you have enough money in the bank to cover several months of rent, the landlord may feel confident enough to rent to you without a guarantor. A few landlords will also accept a letter from your employer confirming your job and income, though this is less common.
How to release a guarantor from the lease
Once you have established a rental history and built credit, you may be able to remove the guarantor from the lease. This requires the landlord's permission — the guarantor cannot straightforward walk away. You will need to ask the landlord in writing to release the guarantor and sign a document stating that the guarantor is no longer responsible.
Some landlords will do this after you have paid rent on time for a year or two. Others will refuse unless you find a replacement guarantor or agree to a higher security deposit. There is no legal right to have a guarantor removed; it is entirely up to the landlord.
If you move out and the lease ends, the guarantor's obligation ends with it. The guarantor is only responsible for the lease they signed, not for future leases or apartments. If you renew the lease, the guarantor may need to sign again, or you may be able to renew without them if your financial situation has improved.
Frequently Asked Questions
Can a guarantor be held responsible if the tenant moves out?
No, the guarantor's obligation ends when the lease ends. If you move out and the lease is not renewed, the guarantor is no longer responsible for anything. However, if you break the lease early, the guarantor may be responsible for the remaining rent owed to the landlord.
What if the guarantor dies?
The guarantor's estate may be responsible for any unpaid rent or damages. The landlord can file a claim against the estate in probate court. The guarantor's heirs should inform the landlord of the death and ask whether the lease can be released or transferred to a new guarantor.
Can a landlord increase the rent on a guarantor?
The guarantor is responsible for whatever the lease says. If the lease allows rent increases and the landlord raises the rent, the guarantor is responsible for the new amount. This is why it is important for a guarantor to read the entire lease before signing.
Does a guarantor have to live in the same state as the apartment?
No, a guarantor can live anywhere. However, if the landlord needs to sue the guarantor, they will have to do so in the guarantor's home state. This can make collection more difficult and expensive for the landlord, so some landlords prefer a local guarantor.
What if the guarantor's income drops after they sign?
The guarantor remains responsible regardless of income changes. If they lose their job or take a pay cut, they still owe the rent if you do not pay. The guarantor's only option is to ask the landlord to release them, which the landlord can refuse.