Can a co-tenant on a lease be held liable if the lease was renewed without the co-tenant present and his signature was forged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a co-tenant on a lease be held liable if the lease was renewed without the co-tenant present and his signature was forged?
Asked on July 28, 2015 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, someone is NOT liable for or under a contract (and that is what a lease is: a contract) if he or she did not agree to it, and that includes not being liable if his/her signature is forged. Of course, the landlord may not believe that the signature was forged and may try to hold the co-tenant liable under the lease; if the landlord takes legal action (e.g. a lawsuit for unpaid rent) against the co-tenant, the co-tenant would need to provide evidence (e.g. credible testimony; travel receipts showing that he/she was not present the day the lease was supposedly signed; handwriting samples and possibly an expert's handwriting analysis) that he or she did not sign. If the court believes he/she did not sign, he or she would not be liable.
The co-tenant should report this to the police: what was done is a crime--depending on the exact facts, for example, a type of identity theft and/or fiancial fraud. Reporting it to the police will help establish a credible record that this was not his or her signature. The co-tenant could also sue the person (the other tenant, presumably, though your question does not identify who did this) who forged his/her name for any costs or losses he or she suffers due to the forgery.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.