I need legal help

tk was me! · July 2008

I received a letter from a credit check company that the landlord of this west village apartment I used to live many years ago sued me for not paying the rent and the damage. This was filed in 2003. I never knew about this until now. I left the apartment in 2000. When I left, I had to go back to Japan immediately so I had to break the lease. It was a few months before my lease had expired. I didn't want to loose the deposit so I found someone to live until my lease expired and it was supposed to be done. This girl who lived there after me somehow became the co-lease holder with me when my lease expired and she totally ruined my credit by keeping me on the lease. It's my fault to not to let my landlord know that I was moving out but I thought since the lease was about to expire, if I didn't sign the paper, I didn't have to worry about it. I was so wrong and I do regret how naive I was. I spoke to the management company of the west village apartment. Since it was 5 years ago, she does not have the lease she said. Also, the record shows that I and this girl owed 17,000 dollars in damages and the rent.
I locate the girl who lived there after me. I haven't contacted her yet.
I don't know how she and I both signed the lease once the lease I had expired. I believe this girl forged my signature. I am so upset and want to clear my credit. Currently, I am applying for this apartment and that's how I found this out. I don't want to keep having a bad credit since I have nothing to do with it. I appreciate if someone can give me some advise what to do to clear my record.

mantic · July 2008

Not being a lawyer, and from what you wrote, you need to contact the management company nicely and get a copy of the new lease that should have your signature.
Then your going to have to sue the girl for forging your signature on the lease (identity theft) , damages to your name resulting from such, and get a judgement. Then you have to go to the credit agencies and have them remove the judgement from your line.

I'd call the DAs office and find out if they can help you with filing the identity theft thing, and get a criminal conviction. That will make the civil suit easier. I've been dealing with ADA Shelton on an old case and he seems to give a hoot. Give him a holler 718 250-4743

Good Luck

PS - If they can't find the lease and there is no record of it, I don't think they have a legal leg to stand on as far as enforcing it.

filmlover44 · July 2008

Subject: Re: I need legal help

tk was me! wrote: I spoke to the management company of the west village apartment. Since it was 5 years ago, she does not have the lease she said.

They are going to have a hard time proving that you were on the lease if they do not have it.

P.S. You need a good lawyer.

gc72 · July 2008

Check here: http://www.tenant.net/

tk was me! · July 2008

Thank you so much for all the advise. The management office said the lease is in their storage since it is 5 years old. I will contact DA's office and see what they can do.

You are all so helpful! Thank you!!

sir_eccles · July 2008

Not a lawyer but...

It might be the case that your old lease had a "roll over clause" in which case there wouldn't need to be any forging of signatures. You would need to check the small print of the lease.

daver · July 2008

sir_eccles wrote: Not a lawyer but...

It might be the case that your old lease had a "roll over clause" in which case there wouldn't need to be any forging of signatures. You would need to check the small print of the lease.

I've normally seen this referred to as auto-renewal.

And the OP may be in a lame-o-er situation because it sounds like he/she was sued and had a judgment rendered against him/her already, in absense. Although there may be a lot of ways around that. Gather as much stuff as possible, like the old lease, the "new" lease, copies of the court documents, financial crap from your credit, and look it over. Then it may be lawyer time. Or maybe someone will give.

tk was me! · July 2008

I was never called to the court nor received subpoena. If someone really tried, I was really easily located. I know where she is now and thinking what is the best way to contact her. Maybe I should have a lawyer with me when I make a visit?

daver · July 2008

I'm not sure I would contact her before figuring out exactly WTF is going on RE court judgments against you on your credit, renewed leases, etc. All of which should not be TOO terribly difficult to get.

modsquad · July 2008

I also am not a lawyer (but I stayed in a Holiday Inn Express last night!). Seriously, I've never heard of an auto renewal lease in NYC. If it was a standard Real Estate Board of NY Residential Lease it is not in the printed part. Any renewal clause written in a lease requires the Tenant to jump through hoops to exercise said renewal. I would suggest the simplest way and cheapest is to see if the management co will take a few K to settle this. That would save a lot of money and get this behind you. I wouldn't bother with the Manhattan DA's office. They would have no interest and would tell you they are not a collection agency. Another approach might be to prove you paid the rent on the first lease with checks etc. and if the girl would cooperate with copies of her checks up to the end of that lease, (if she paid). That kind of evidence presented to the credit eval. companies might sway them to reconsider the lien. The more I type the more I think the best approach is to somehow settle with management. Also damages are impossible to prove unless this girl actually trashed the place. If it was an uncontested eviction she would of been out in maybe 2 to 3 months and the security would of covered most of that. The only damages would be if LL was not able to rerent the apartment. Unlikely in Manhattan.

modsquad · July 2008

tk was me!, I work with 2 lawyers in real estate. one is a militant tenant's advocate, the other is a lease writer/negotiator. Either one could help. PM me your number and I'll call you with theirs.

jarvis · July 2008

I know with my management company only one signature is needed on a lease renewal even if multiple parties are on the lease. It's definiltely possible that she didn't forge your signature.

tk was me! · July 2008

I found out that she paid $5,000 plus the 2 months deposit which was $3,500 to settle instead of $17,000. I want to clear my record from the record.
jarvis, but I never signed anything with her on my lease. It was only my name when I left.

jarvis · July 2008

ah, I see. then definitely sketchy.

I need legal help

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