Apartment complex claims I owe them money.

[ljuarez12]

Three years ago, prior to leaving to college, I was searching for an apartment. In the meantime I was also waiting for acceptance letters. I was going to rent an apartment with my cousin and a friend. I received an acceptance letter, decided not to rent then moved to Louisiana.

I recently returned to Texas and tried to rent an apartment. After I placed my deposit of $300 my application was denied. Apparently, I have an outstanding balance with the apartment complex I was going to rent at with my cousin and friend. When I went to discuss this balance with the leasing agent, I indicated and showed documents that I was not living in Texas during the dates I owe for. Also, I found out that I was on the lease due to a signature that was not mine. It seems that my cousin forged my signature. He was probably not able to rent the apartment without my credit. I also showed the leasing agent that the signatures did not match. She indicated that the leasing agent who accepted this application was fired for allowing such activities but indicated that I still owed the money, $1000 +.

Now, I cannot rent an apartment and I have lost my deposit as well as owing over $1000 to an apartment complex where I did not live. Please advise, I don't know what I can do to get this issue resolved.

Thanks,
XR

 

[Michael Wechsler]

That's a difficult place you are in and sorry to hear. I'm missing something here and will assume for the moment that what you're telling me is correct. How did you find out about the forgery? Have you contacted the cousin and told him that you will not only sue him but also inform the local district attorney and entire family about his criminal act? There is no pleasant way I think this can be handled if your cousin doesn't take care of it quickly.

With regard to the deposit, that's a tough one and it's a lot of money not to be refunded. I'm not sure what the law is locally but unless it costs them serious money to run reports, they should not be entitled to a windfall and turn down potential renters although your case is a little more challenging here.

With regard to the money you allegedly owe, I'm assuming the landlord took you to court and a notice was sent to the address on file. This is another tough issue. To undo a judgment in a court of law, typically there is an order to show cause required. But here, the judgment was obtained fraudulently. I'm actually not sure how the best way to handle and you may need to inquire from the local court what you can do remotely. I would think the first thing you should do is call (and notify by certified mail) your cousin about the fraud and informing him that you would need to report his crime to the landlord and to the court. If he doesn't take care of it, pay back the money and get rid of the judgment, you'll have to do what you have to do. This is a serious crime and now you're feeling the pain and you'll have him arrested for larceny and it is an open and shut case. You are also entitled to $300 from him as well.

I'm wondering how the landlord got all the rest of your information and I'm guessing that may have been supplied by your cousin - or perhaps not taken properly in the first place and then filled in later using a system. Perhaps if you don't get immediate action from your cousin you may want to send a certified letter to the apartment complex to inform them that their judgment is invalid and was obtained under fraudulent pretenses. Accordingly, they have no judgment against you - and you can provide the debtor's actual address. Good luck.