Legal Question in Real Estate Law in Florida
If my name is not on a lease am I responsible?
I co-signed a lease with a friend on 10/00, the lease expired 10/01. When his lease expired I told him that he would have to renew on his own. He signed a new lease on 10/01 without my help. He died in 12/01. I received a call from a collection company stating that I owed the balance left on the lease of $6,361.00. I informed her that I did not co-sign the new lease. She told me she would sue me for it, I called the apartment manager who told me not to worry. I never heard another word or received anything in the mail so I assumed it was taken care of. I just found out today 8/24/02, that it was placed on my credit report, when I was denied a loan because of this. If I did not sign the lease am I responsible for this? What can I do to get this off my credit.
3 Answers from Attorneys
Re: If my name is not on a lease am I responsible?
An attorneys letter to the landlord and the credit agency may help. If not litigation may be in order.
Re: If my name is not on a lease am I responsible?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.
Wheweeeee! First, if you didn't sign the new lease then you should not be liable for the debt. This is a law known as the statute of frauds, which generally says that unless you sign in writing and agree to be bound for the indebtedness of a third party then that debt will be unenforceable against you.
Second, there is a case out there that isn't well known but it actually says, something to the effect that even if you have a lease and you sign as a guarantor, if the lease is continued, then the guarantor has to sign again agreeing to be a guarantor on the new lease agreement.
Third, you may have a claim against the creditor and the collection agency for defamation for ruining your credit and for violations of the Fair Debt Collection Practice Act if you requested verification and proof of the debt within 30 days and none was supplied. Furthermore, it is a violation to attempt to collect on a debt which the creditor is not legally entitled.
Should you need further assistance, you may contact the undersigned at (305) 769-3000 during the weekdays.
Yours Truly,
Randall Gilbert, Esq.
Re: If my name is not on a lease am I responsible?
Mr. Gilbert's advice is on point. Follow it.
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