Can my husband sign a lease on my behalf without a power of attorney?

My husband signed a year lease 4 months ago. He was asked how else was going to live with him so he wrote my name but also signed for me. Now we are being evicted and I got a letter saying that I am being sued too. I’m here on vacation. I am a Canadian citizen married to an American citizen. He signed the lease while I was in Canada without my power of attorney. Am I really responsible for this?

Asked on May 23, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if he forged your name on the document then you are not legally responsible for the lease agreement which is a contract.  You will be evited as an occupant no matter what.  But when you answer you need to make sure that you ask the court to dismiss that portion of the petition that requests that you be held liable.  That you assert an affirmative defense that you did not sign the contract and that you are not a proper party to that portion of the proceeding.  Good luck.


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