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Another lease in my name

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  • Another lease in my name

    Good thing i remember this or im probably screwed at the end. I've been living in an apartment for almost 3 years. When i moved out from my ex, he rented a house without telling me that he put my name on it also because i have more rental history than him. I just found out about it later on. I don't live in that house ever. I have turned in my lease agreement with my apartment so what should i do with the other lease that has my name on it? I told my ex to have my name remove and he is such a cry-baby right now that it might terminate them. Not really my problem, he is the main reason im in this mess. Any advise is greatly appreciated.

  • #2
    If you are on the lease you are going to have to list it and indicate what you want to do with it on your statement of intentions. Since you didn't take action earlier this is your chance to clean things up. No reason to feel bad about the consequences for your ex, after all, he didn't care about you when he put you on the lease.
    Case Closed > 2/08/2010

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    • #3
      How can you be on the lease if you didn't sign it?

      Comment


      • #4
        BobMango I am meeting with my attorney tomorrow to finalize my petition. I will surely mention that to him and add it on the list. That's not going to affect my case right? As long as include it?

        TomJ1 Everything was electronic. So he just put my name i guess on it as my signature or somethinflg.

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        • #5
          Originally posted by Lalaland1 View Post
          TomJ1 Everything was electronic. So he just put my name i guess on it as my signature or somethinflg.
          Might be worth mentioning that this can be considered identity theft on his part.

          Comment


          • #6
            Lalaland1 - This should be a non-event really as far as your case goes. Just indicate you want to cancel the lease, then it's up to the lease holder and your ex as to what they do with it.

            As xDerp mentioned, this is certainly some flavor of identity crime, but since you are filing bankruptcy this releases your liability anyway. Filing charges and getting the lease dismissed via that route can be costly and time consuming as is really not necessary since you will be released from any liability if you reject the lease in your petition.
            Case Closed > 2/08/2010

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            • #7
              Bankruptcy may relieve the financial obligation of rent, but it may not relieve the obligation for damages if/when he moves out, and it definitely doesn't relieve you of liability should something happen due to tenant negligence.

              This is a very serious problem you need to address outside of the bankruptcy.

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              • #8
                TomJ1 Hmm. Not sure where you are coming from. Bankruptcy would terminate the lease for the filer, so she would have no liability post bankruptcy, not sure what legal basis you are using to indicate that liability would continue post bankruptcy. She would also be relieved of any pre-bankruptcy damages barring any extraordinary circumstances. I don't know of any case where the obligation to pay rent was discharged but the filer remained on the hook for the actions of a third party post discharge. That doesn't make sense. Bankruptcy courts have immense power, and with leases, if it's discharged, it's like it was never signed.

                Now if she were abandoning a house with a mortgage, then the financial obligation to pay the mortgage, or make repairs or fix damages goes away, but until foreclosure there could be some liability for someone getting hurt on the property. No way a bank is going to win an action seeking money for damages from someone that surrendered their house in bankruptcy. Why would you think a renter would have more liability than a homeowner?

                The same sort of thing arises with a credit card bill for instance. If two people are on the account and one files bankruptcy, the creditor will go after the other account holder, but the first is off the hook regardless of what the other party does.

                At any rate, this is definitely a discussion for the OP to have with their attorney.
                Case Closed > 2/08/2010

                Comment


                • #9
                  I agree with BobMango. If the lease is rejected on the statement of intentions, I am not aware of any theory on which the debtor who does not live in the apartment could ever have any liability for post-filing damages to the apartment, unless she goes there and causes the damages herself. Liability for pre-petition damages would be discharged unless the landlord files a successful complaint to determine the liability is not dischargeable. I very much doubt there is any grounds for that, especially when she didn't even sign the lease.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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                  • #10
                    BobMango LadyInTheRed Thank you so much guys for that info. I will talk to my attorney tomorrow about it for sure.

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                    • #11
                      The salient point here is that you never signed a lease or took possession of this rental house. The fact that your name was used without your knowledge or consent does not legally obligate you to anything. If you were not filing for Chapter 7 bankruptcy, this apparent identity theft would be grounds to disclaim any liability for unpaid rent, damages, etc.

                      Given that you are declaring bankruptcy, it is cheaper and easier to simply include the lease on your Schedule G and explicitly reject said lease in your Statement of Intentions. Generally, in Chapter 7 bankruptcy, one eliminates future liability under a lease, by rejecting the lease and surrendering possession of the leased premises. As you do not have--and never did have--possession of the leased premises, you should be protected from any and all liability arising from this lease. You will also be protected from any negative credit reporting due to unpaid rent, damages, or other fees. If your ex-boyfriend subsequently falls behind on the rent, and is evicted, not your problem. If he moves out and leaves damages, again not your problem.

                      If for some reason, including this lease in your bankruptcy leads to repercussions for your ex, such as refusal to renew when the initial term is up, or demand for a larger security deposit, that is also not your problem. Most likely, as long as the rent is being paid on time, the property management company is not going to take any action against him, even if they find out about your bankruptcy.

                      Comment

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