Legal Question in Real Estate Law in New York

Names have been changed to protect those involved.

"Claire" and "Jen" are friends and students who move into a 2 bedroom apartment. Because they are students and have insufficient credit and income to qualify, Claire obtains a co-sign from her Mother and Jen from her Father. Both Claire and Jen sign the lease invidually, which states they are jointly responsible for the rent. Over the course of the 12 month lease, Claire falls behind on payments and at the end of the 12 month lease, owes $1300 in back rent and late fees, while Jen is caught up. Claire had repeatedly written bad checks and altered bank statements to attempt to prove to her landlord that she paid. At the end of the lease, the landlord initiates an eviction notice to begin the legal process of getting collections involved. She states to Jen that Claire's Mother, as Claire's co-sign, will be responsible for the $1300.

The landlord contacts Claire's Mother, who denies ever signing the lease, and claims her daughter must have fraudulently obtained her SS# and signed her signature. The landlord now tells Jen that her and her Father will be responsible for the back rent, and essetially that Claire's co-sign is off the hook, and Jen will need to go after Claire in small claims court for the $1300.

My questions are as follows:

1. Is it legal for the landlord to just switch focus to Jen and her co-sign or does the burden of proving forgery lie on Claire's co-sign? Shoud the proper order be for the landlord to sue Claire's co-sign, who then needs to file a claim with her daughter for the expense incurred due to the forgery? Is the landlord trying to take the easiest route to get repaid by going after Jen?

2. Assuming that the landlord has copies of the altered bank statements (and certainly the forged co-signature on the lease), is there a basis for initiating a criminal investigation into the matter? If so, how does one do this?

3. Would it be illegal for Jen to approach Claire's parents requesting payment for the $1300, threatening to initiate the criminal investigation into their daughters past forgeries and fraud?


Asked on 12/28/10, 10:45 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

1. Is it legal for the landlord to just switch focus to Jen and her co-sign or does the burden of proving forgery lie on Claire's co-sign?

A. Yes. That is what joint responsibility means.

Shoud the proper order be for the landlord to sue Claire's co-sign, who then needs to file a claim with her daughter for the expense incurred due to the forgery?

A. No. However, if I was the landlord's attorney, I would sue everyone.

Q. Is the landlord trying to take the easiest route to get repaid by going after Jen?

A. Obviously.

Question 2. Assuming that the landlord has copies of the altered bank statements (and certainly the forged co-signature on the lease), is there a basis for initiating a criminal investigation into the matter? If so, how does one do this?

A. Maybe. You would have to contact the District Attorney's Office.

Question 3. Would it be illegal for Jen to approach Claire's parents requesting payment for the $1300, threatening to initiate the criminal investigation into their daughters past forgeries and fraud?

A. It is not illegal to approach Claire's parents requesting payment, however, it is illegal to threaten criminal investigation in order to get paid.

Upon landlord's initiation of the lawsuit, I would implead Clair and Claire's parents for indemnification. In other words, you do not have to start a separate action, you would just add Clair and Claire's parents to the landlord's action.

Mike.

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Answered on 1/03/11, 5:13 am


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