Legal Question in Landlord & Tenant Law in California

Re: Can I get in trouble??

Difficult to answer directly. If Dad didn't sign, and agent knew that, Dad would not be liable. Problem is a matter of proof. Who will the judge believe, you or agent? You can't be liable for fraud, without the intent to commit fraud (as a crime), but civil law isn't as strict. They have to get a legal judgment, before trying to take Dad's mpney. You will not be able to get the whole contract voided, without go to court, and going through a trial. My best advice now would be to talk to Dad, and explain it, especially since he was apparently willing to co-sign. Also, since Dad obviously has good credit, he should run this by his attorney. It is already likely that they have reported you and Dad to a credit reporting agency. Again, at this point, your Dad should discuss options with his attorney, and you should not worry about fraud. Good luck.

Re: Can I get in trouble??

Since a lease can be oral or written, the landlord will probably argue the same should apply as to a co-signer [I do not know if there is any case law on that ] and since your Dad agreed to co-sign and would have had the fax machine worked, your father should also be held liable. If you were told that the landlord would not rent to you without someone supporting you agreement to pay rent., it would seem that you are trying to have it both ways and a tried of fact might very well find your father liable.

How much do you owe in back rent? It may be a lot less to pay it than the cost of your father seeing a lawyer, the damage to your credit ratings, and the discomfort of dealing with this problem. Sometimes the best solution is just to pay the possible debt and resolve the matter quickly.