Can I get out of a lease that my name was forged?
Question Details:
My landlord rolled our lease over for 2 more years without my knowledge, and my name was forged by my roommate on the original lease. I found out when it was too late to do anything. The landlord is now refusing to fix things like plumbing and holes in the carpet, or is refusing to hire someone to do it, and is making things much worse than they were before he worked on them. We have called codes, and he has 30 days, but is making no real attempt to do anything. I have wanted to move, but was told I would be sued for breaking the lease. Is there any way I can get out of this lease legally?
Real Estate Law Answers
A contact is unenforceable if the signatures are not authentic, but rather a forgery. if you can prove a forgery, the court will void the contract as a matter of law. in this case, you had no idea that the lease was renewed. however, you did have the benefit of living there. nevertheless, you did not agree to the terms of the new lease. as such, if you decide to move out, the court may find that the lease is a month to month lease and that you are only liable for the last month that you had the benefit of being at the property. i suggest that you obtain a lawyer to inform the landlord that the lease is a sham and that you are moving out unless the property is fixed up to code and a new lease is executed to your satisfaction.
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