Legal Question in Landlord & Tenant Law in Maryland

my friend needs help/victim of identity theft

My friend recently was involved w/ identity theft. He received a letter from an attorney claiming he owed over $2000 to an apartment mang. My friend has never lived in MD. Upon meetings, he discovered they had a copy of his driver's lic, signature and other personal information. My friend recalls losing his driver's license which had his signature and ss# on it. W/ the type of evidence/info they have, my friend feels defeated and is willing to pay the cost to clear up his credit. I disagree w/ him. Not only because it was not him, the attorney informed him after the lease was over, people (not the person who signed the lease) continued to live there on month to month bases. Then left the premises w/out paying. W/ that info, the attorney said my friend was liable to the charges incurred because his name was on the lease... even though the lease/contract ended? I am very concerned and want to help my friend. I do not feel he should pay for something he has not done. He is the victim. What step should my friend take? Fight or accept defeat and pay? Also, what is the law in MD in regards to an end of a lease. Is the signer still liable after the lease ends but other people decide to live there w/ the mangment knowledge? Thankyou


Asked on 8/03/05, 11:39 am

2 Answers from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: my friend needs help/victim of identity theft

Your friend should contact an attorney. From the photo on the DL itself, Landlord may have been able to see fraud. How about signature on dl vs. signature on lease? Employment verification? Was the credit report at time of application consistent with what the tenant provided? As for the mo. to mo., that makes no difference. Most leases can convert to month to month when the initial term expires.

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Answered on 8/03/05, 11:52 am
Jonathon Moseley Jonathon A. Moseley

Re: my friend needs help/victim of identity theft

I am a Virginia attorney and I am not qualified to tell you about Maryland law, except to say that your friend definitely should get advice from a Maryland attorney before doing anything. I find it very hard to believe that a Maryland judge would not throw out the case against your friend.. The only problem is that he would have to actually PROVE what you describe. For example if he did not live there, where DID he live at that time? See if he can get proof that he was living somewhere else. Talk to the landlord where he was at that time and get a copy of that lease from them. Try to find old bills sent to the other address. You may be able to find an old telephone book showing where he did live. Maybe advertise for free on www.CraigsList.org or in the City Paper for free to find someone who still has an old phone book from taht city.

There is a growing awareness of identity theft and if there is any evidence at all to support your friend's story, he should be okay.

BY THE WAY... I gather that he lives in Virginia. If he gets a copy of his Virginia driving record, it will show if he lost his driver's license and requested a new one. He can just walk into any DMV to get a copy of his driving record.

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Answered on 8/03/05, 3:30 pm


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