My roommate forged my name on the leasing agreement at our apt, w/o my permission. Can I get out of the lease?

Question

I began by subletting, w/o the apt management's knowledge in Sept. 07. In Dec. 07, it was time for lease renewal. I filled out the application, and signed the work history documents that were faxed to my job, however, I never received word back from the apt. management. I never received a phone call, saw any documentation, nor met w/ the apt. management. My roommate however told me that I was on the lease. I just recently found out that he forged my signature on the documentation (that I never saw)! I have no idea what terms/conditions he agreed me to. I no longer wish to live here, for that reason and others. Do I have a case that will allow me to legally get out of the leasing contract (that I never saw!) w/o penalty? Any help would be lovely! Thanks

Answer 1

You can go after roommate for forgery.

The lease is a different story. It was your duty to go to landlord and to get your own copy of lease. You continued to stay there during the new lease period. By your action, you have accepted the lease. For example, if a lease expires, and no new lease is executed, then you continue on a month to month lease. By making payment, and the landlard accepting payment, the lease is consumated.

Answer 2

Maybe your roommate did it how I did it when someone wanted to share an apartment with me....and no, I didn't sign her name on anything...hear me out....

I had a 2/2 apartment, and I needed a few extra dollars and I asked the apartment leasing agent if I could bring in someone and they said ok, but we'll have to check them out first, so they had the other person go to the office and fill an application so their credit and criminal background could be checked out, and they passed. The called me and told me that "my name" would be on the lease but that they would add the other person to the lease and that I'd have to have my own arrangements with that other person, BUT that "I" would be responsible for the rent and they would want me to pay the rent, so each month I would collect the rent from my roommate and then pay the apartment office. So if that other person didn't pay their rent to me, then I would still be responsible for paying the entire amount to the apartment complex. Now I didn't have to, but I made up a contract with that roommate, told them what I expected of them (no 24 hour parties, no pilfering, they'd have to get their own phone, they paid me an upfront deposit so I could change the locks after they left, etc. etc.). But the apartment complex never asked them to sign anything. So I'm thinking you are responsible to your roommate and not to the apartment complex. Certainly you have to abide by the rules of the apartment complex while you are there, but if you didn't sign the lease then you are free to leave unless you and your roommate made any agreement between the two of you or you signed something for your roommate.

I wouldn't blame your roommate for signing your name (unless you really know for sure that she signed your name)...maybe the apartment complex manager signed your name on the lease as just living there. But no matter what, "you" would need a copy of the rules of the complex, and you can ask your roommate for that.

The only way you would pay a penalty would be if you paid a deposit on the apartment. Did you ruin anything? Then you don't owe anything...except you should provide your roommate money for her to change the locks since you had a key....and anything else you owe her. If she was strapped for money it would be nice if you gave her a couple of weeks at least for her to find another roommate. I don't see at all where she did you wrong.

Answer 3

I'm no legal expert,so my answer is based only on personal experience.unless you can prove he forged your name you will have to pay the penalty,plus you broke the rules of your lease by subletting,which could probably come out if you do decide to pursue the matter in court.You need to contact the management and tell them that you didn't sign anything and see where it goes from there,but unfortunitly you may be stuck. Good luck!

Answer 4

IF the landlord won't let you out of the lease, just go to the County Court House and file a Small Claims Court complaint naming your "roommate and landlord" as defendants. Shouldn't cost more than $20 or so to file and bring all your supporting documents to court on your date and tell your story. Plain and simple! Sounds like a slam dunk to me!

Answer 5

Gotta sue your roommate, and if the manager doesnt release you from it, sue them for allowing the contract to be signed without a manager verifying it.

Only problem I see in that, is if the application paperwork you signed included an addendum to be added to the active lease.

Answer 6

So let me get this straight....You were living in a place that you weren't supposed to be living in, you know you were supposed to be on the lease when you were living there. And now you want to move for whatever reason and you're upset that you have to be responsible for living there. Does that pretty much some it up?

Answer 7

Yes if you never signed the lease agreement and your roomate is going to be in a lot of trouble its illegal to forge someones signature. go see an lawyer.

Answer 8

Contact your lawyer. Forgery is a federal offense. If your lawyer is competent, you'll both get out of this sticky situation entirely, and your roommate will be facing some heavy consequences.

Answer 9

I cant help you much,but try visiting a law office, they would surely help you out. You can also meet with the management and tell them your case and that you are not the one who signed and meet with them. It will be a long process and much arrgument but if you really want out there will always be away.

Answer 10

Sure you can get out, if you have proof that isn't your signature. take sample to landlord, explain situation. also do it immediately so that too much time doesn't lapse. if landlord is unsympathetic contact a lawyer