Legal Question in Real Estate Law in California
Id theft by relitive
Hi, my brother in law has used personal info from my husband to rent an apt. for himself and family (he looks like my husband). He has a history of evictions. My husband was contacted when the rent became over due. He went speak to the apt. manager and he ended up paying the over due amount, while the manager offered to help change the apt. to his brother's name. Brother refused and choose to get himself evicted. We cann't contact him now we've recieved abill from the apt. owner. How can we straighten this out? My husband never signed any agreement. Thank you in advance, from CALIFORNIA
4 Answers from Attorneys
Re: Id theft by relitive
This has the makings of a real mess, but with any luck you should be able to escape without any liability or hassle. I suggest starting with a face-to-face meeting with the former landlord to explain again why you are not liable and aren't going to pay. Making one payment seems to have set a bad precedent; the landlord seems to think you have assumed responsibility, or at least are an easy mark.
If talking to the party who's billing you doesn't resolve the matter -- and it should -- you might try telling the story to your local police or sheriff's white-collar crime detail as a pssible criminal matter worthy of investigation. There is for sure some crime buried in the brother-in-law's conduct. The only question is whether the cops or DA have enough interest to pursue it -- also, whether the matter warrants further alienation of the family.
Finally, realize that you are not liable and you aren't legally responsible to pay this bill.
Re: Id theft by relitive
He is not responsible. An appropriate letter needs to go to the landlord.
Joel Selik
www.seliklaw.com
Re: Id theft by relitive
Your husband is not responsible if he is not the individual who entered into the agreement, however, until all is worked out, things could look bad for your credit, etc. Should probably have a letter sent by an attorney if possible to resolve the matter.
Re: Id theft by relitive
While you aren't responsible, I wouldn't be surprised if the landlord named you as a defendant in the lawsuit. You should send the landlord a letter advising him that you did not sign the lease and never lived in the rental unit. This should be sufficient to force the landlord to serve you with the complaint at home (this is important because the landlord can claim he served you the apartment). If you get named in the complaint, hire an attorney immediately to fight the lawsuit. In eviction proceedings, you only have 5 days to respond so do not delay. If you don't hear anything, you might want to be "nosy" (i.e. call your brother or the landlord on occassion) just to make sure that you are not named in the lawsuit without your knowledge.
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