Yes, a landlord can require a cosigner or guarantor when an applicant's income, credit, or rental history does not meet the stated criteria, as long as the policy is applied consistently to every applicant. The guarantor signs the lease or a separate guarantee and becomes responsible for the obligations.
When a Guarantor Is the Right Requirement
A cosigner or guarantor is a second person who signs up to be responsible for the lease if the tenant cannot meet it, and requiring one is standard practice when the applicant alone does not qualify. The typical triggers are objective: income below your stated multiple of the rent, limited or weak credit history, a thin rental history, or a recent eviction. A guarantor provides the security that lets you approve applicants you would otherwise decline.
The guarantor's job is to make the whole obligation, primarily the rent, enforceable against someone with the means to pay. In practice that means a parent backing a student, a family member supporting a first-time renter, or an employer or friend standing behind an applicant with a strong income but no history.
The requirement must be objective and consistent. Setting a clear policy up front, such as a guarantor required when income is below the stated threshold or credit is below the stated score, and applying it to every applicant in that position, is both fair and defensible.
Cosigner vs Guarantor: The Practical Difference
The two terms are often used interchangeably, but the documents differ in how they bind the second signer. A cosigner typically signs the lease itself, becoming a co-tenant with full responsibility for rent and the unit. A guarantor signs a separate guarantee agreement, promising to cover the tenant's obligations if the tenant defaults, without becoming a tenant. Many landlords use the term guarantor for a party who does not live in the unit.
Write the document to match the arrangement: a lease signature for a cosigner who is on the lease, or a guarantee agreement for a guarantor who is not. The agreement should state clearly that the guarantor's obligation survives defaults, that the landlord can pursue the guarantor without first exhausting the tenant, and that the guarantor's responsibility covers the full lease term and renewals where stated.
Keep a copy of the signed guarantee with the lease. If the tenant defaults and you need to collect, the guarantee document is the contract that lets you reach the guarantor directly.
Renewals and the Guarantor
Renewals and the Guarantor
Decide whether the guarantor's obligation continues at renewal and say so in the guarantee. A guarantee that covers the original term usually needs a renewal signature or a clause extending it, because a new lease can be a new obligation. If you renew with the tenant, confirm the guarantor's continued commitment in writing before the new term starts.
When a guarantor-backed tenant becomes reliable, some landlords release the guarantor at renewal, which rewards the tenant and simplifies the file. Only do that deliberately and in writing, because releasing the guarantor removes a layer of protection that is hard to add back later.
Screening the Guarantor Too
A guarantor is only as good as their own credit and income, so screen the guarantor with the same seriousness as the tenant. Verify the guarantor's income with documentation, check their credit, and confirm they understand the obligation. A guarantor with no income and poor credit protects no one, and discovering that after a default is discovering it too late.
Get the guarantor's signature before move-in and require identification and an address for service, because you will need to reach them if collection becomes necessary. Some landlords require the guarantor to be a resident of Pennsylvania or to have income within the state, which can make enforcement easier, though the rule must still be applied consistently.
Fair housing law does not let you require guarantors only from certain groups. If you require a guarantor for income-based or credit-based reasons, apply the policy identically to every applicant in the same position, regardless of their background.
Collecting From a Guarantor
When a tenant defaults, the guarantor becomes your collection target under the guarantee, with the same limits and process as any debt. Send the guarantor written notice of the default and the amount, and keep the demand consistent with the guarantee's terms. In Pennsylvania, you pursue the guarantor through the same civil process you would use for the tenant, typically a claim in the magisterial district court, with the lease and guarantee as your evidence.
Remember that your duty to mitigate damages still applies: you must make reasonable efforts to re-let the unit and credit the new rent against the balance before collecting the full remaining term from the guarantor. The guarantor's liability is for the actual loss, not for the entire future rent automatically.
Keep the ledger, the default notice, the re-letting effort, and the guarantee together in one file. A complete record makes the collection claim quick and the dispute short.
Smarty's Advice Expert Insight
John Smart (Smarty) · Smarty Home Solutions / eXp Realty Agent, AI Certified Agent
Your Next Step for Guarantors
Set your guarantor policy in advance and in writing, apply it by objective criteria to every applicant, screen the guarantor as seriously as the tenant, and have the guarantee signed before move-in. Collect with proper notice and mitigation, and keep the paperwork in one file. A well-structured guarantee turns a borderline applicant into a manageable one.
John Smart, AI-Certified Agent with eXp Realty helps landlords across the Philadelphia region build solid, lawful tenant processes. Call 215-598-6848 or schedule a free consultation for guidance.
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