What doI do if a landlord has filed a collections claim on a broken lease agreement for a property thatI never lived at?

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What doI do if a landlord has filed a collections claim on a broken lease agreement for a property thatI never lived at?

I was going to live with a friend and when she found a house she had me sign a paper that the management company said was to check if we would qualify to rent the house. I never signed a leasenor did I receive copies of what I did sign. A short while later I found out that the had gone ahead with the lease and given her the keys. She and I had an argument about it and I told her I wasn’t going to live there. She agreed to rent the house on her own and I thought that was the end of it. This was over a year ago. She was eventually kicked out of the house and now they expect me to pay for it.

Asked on November 29, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what I understand about the situation you are writing about is that you apparently never signed the lease to live in the property that you are being sued over and that you never lived in it. You only signed an an application to live in the property.

If this is the true state of the facts, then there seems to be no factual or legal basis for you to be sued with respect to the rental that your friend lived in. As such, you would have a good defense to the claim against you for unpaid rent.

I would write the person claiming that you owe money to him or her stating your position. Keep a copy of the letter for future reference and need. If you are actually sued for unpaid rent, it would be wise for you to retain a landlord tenant attorney to represent you.


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