Can I be held liable for a forged lease?
Question Details:
An apartment rental company in NV is trying to come after me to pay money on an apartment I never lived in or signed a lease to. They put this information on my credit report I recently received. I contacted the collection agency listed on my report and was told I signed a lease and the apartment was rented based on my credit therefore, I'm held liable. I had them to fax me a copy of this lease in MI where I live. They alleged that I signed. Once received, there was a forged name, not my signature. Isn't it against the law for someone to sign a legal binding document without permission?
Real Estate Law Answers
A contract is not enforceable unless there is a meeting of the minds and an intent to be mutually bound by the terms of the contract. A lease is a contract. A defense to a breach of contract claim for failing to pay rent is that the signature is a forgery. The collection agency is not aware that the lease was a forgery when they were provided with the claim. if you have reason to believe the lease was forged, then you need to call the lawyer or collection agency that is representing the landlord and explain that the lease is not enforceable becasue it is a forgery. You should then follow up with a letter memorializing your claim that the lease is not enforceable and sign your name in the letter so they can see the 2 signatures side by side to determine whether they will drop the claim.
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