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rcarver · Feb 15, 2013, 11:30 AM

I am on my daughters lease. After only being in the apartment for 2 months the apartment complex approach the kids and offered them lower monthly rent for the next year if they released in the next week. This particular complex was new and had a lot of problems from the start. Security issues, mold, power outages and wild parties. (what 18 year old college student wouldn't like that?) I told my daughter I would not release right then. I want to see what other problems came up in the next 6 months before committing to another whole year. The manager assured her studenst sign for their parents all the time. Expecally if they were from far away. After I found out she signed for me I called the company and told them I did not sign the lease and it was not valid. I am right in this assumption? The fact they encouraged her to sign for me infuriates me. Can I get this lease voided and will my daughter be in trouble?

joypulv · Feb 15, 2013, 12:15 PM

IF your daughter is 18+ then she is an adult and is liable for what she signed. That means you are not. If she breaks the lease, they can sue her, but they can no longer sue you. In some respects you are better off this way. If you want, however, you can tell them that they broke YOUR lease, and had no right to make any changes. It's really your choice.
I would start by telling them in writing that you still have a lease with them and you aren't happy about it. But I would leave it open ended for now, while you find out if more will go wrong there.
It would help to know what state this is in and the exact wording of the lease names, without using real names.

rcarver · Feb 15, 2013, 12:26 PM

This lease she signed is not altering the current lease just a complete new lease obligating for another year. With her and my "signature". Not only did this manager uncourage her to sign my name but witnessed her sign my name and has the gaul to tell me it is a legal document. Like you said maybe binding her but certainly not me!

joypulv · Feb 15, 2013, 12:35 PM

Unfortunately your daughter is now an adult, so she is as guilty as they are.
I would first of all chide your daughter (a little) about forging signatures. Then I would tell her that SHE is the one who has to go to them and tell them that they are all in trouble for forgery, according to her parents, and they had better undo it or else there will be legal repercussions.
She needs to learn. I remember when I was her age, I did some pretty stupid things with landlords too. I had to learn on my own.

rcarver · Feb 15, 2013, 01:26 PM

She has already been to them and she was the one to call the lawyer. The attorney informed her if we wanted to press charges against her for forgery she could be in big trouble and to never use the excuse she didn't know what she was signing. If you don't know don't sign. She is as nervous as can be which is great in my mind. Less likley hood to happen again. This place is having so many problems and has received so much negative press I do believe they will be eager to make this go away. We have made her liable for her own rent this month as well as a "Lesson learner".

joypulv · Feb 15, 2013, 02:45 PM

Interesting. I hope she isn't so nervous that she can't study. It's tough to learn about really slimey landlords so soon. (I've been both tenant and landlord.) Oh, and then there was the slimey inspector from the city of Boston who said he's be there when the whole building had no heat and I sat in a chair ALL DAY in the freezing cold only to open the door at 5:00 and find a slip saying I hadn't been there and my complaint was no longer valid. The owner wanted to condo the place and get everyone out, one by one.
Anyway, even though the lawyer is right, you both can rant enough I suppose about taking advantage of a young tenant and knowingly accept a forgery that maybe they will go back to the old lease. Another tact might be that the students might organize a tenants' group about the mold and other conditions. That could have more clout. I can't predict - no one can.

AK lawyer · Feb 15, 2013, 08:23 PM

Originally Posted by rcarver

... The attorney informed her if we wanted to press charges against her for forgery she could be in big trouble ....

The lawer either doesn't know the full story or is not a very good lawyer

If, as I understand what you are saying, the landlord was aware that you didn't sign it, it is not forgery. Furthermore, if this is the landlord's attorney, he or she can be disciplined by the bar association (in many places) for threatening criminal prosecution as an incentive to coerce settlement of a civil claim.

Fr_Chuck · Feb 15, 2013, 08:46 PM

You write a letter, send two copies, one certified, stating that you did not sign the lease and that you are not obligated to the new lease. Inform them ( if you signed the first lease and are not just a on the lease as a occupant) that you still have a valid lease. Payment needs to be made on the old lease amount.

AK lawyer · Feb 16, 2013, 08:11 AM

Originally Posted by Fr_Chuck

You write a letter, send two copies, one certified, ....

The idea being that the certified letter will tend to signify to them that the sender is very serious. The uncertified letter is to get to the recipient if they refuse to accept the certified one, so that they will at least know what you were telling them.

There would be no proof of receipt, but you don't really need to prove receipt anyway. The important thing is that they "get the message".