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I rent a house with my friend, and I moved out of the house

about 3 months ago, and...
I rent a house with my friend, and I moved out of the house about 3 months ago, and my friend did not pay the rent and the landlord filed 3 day notice to me and my friend. and the landlord also filed a unlawful detainer only to my name for non-payment of rent, but my friend still live in the property, and he answered my unlawful detainer by writing my name (no his signature, and does not look like my signature) on the document that filed with the court.
Later he told me he did not forged my signature, she hired a financial company to prepared the necessary legal documents to help him remain in the property for up to 3-4 months for a fee. The Contract for the service he signed with the financial company stated the client give the financial company limited power of attorney to prepare, sign and file any court documents. (she never see those documents that the financial company filed with the court),And on the contract he signed with financial company stated he is as a renter .
Now am I response for all the damage caused to the landlord.
Even he did not forge the signature, but she hired some one to do so, is he responsible for it, and did he committed a crime.
Thank you
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Answered in 9 minutes by:
3/31/2013
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified

Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:

- Is you friend on the lease ?

- Was the landlord aware that you moved out

- Did you return your keys to the landlord

- did you have a lease agreement with you friend (between the 2 of you either written or oral).

- what was the lease term; when does t expire.

 

Thank you.

 

 

 

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Customer reply replied 4 years ago


yes


 


no


 


no


 


no

Only an attorney may file legal documents on behalf of another person. The financial company must have an attorney file documents on your behalf with the court. Filed documents would have the attorney's signature on them. In answering the unlawful detainer an attorney must have submitted the documents to the court.

 

Since both of your names were on the lease an action for unlawful detainer must have been directed at both you and your friend. Your friend must have received an unlawful detainer complaint. It does not make any sense just to evict one of you and not the other.

 

With respect to damages you are both liable for the full amount of damages. It is not up to the landlord to decide who actually pays the damages. If your friend by his actions created more charges for you, you must sue your friend to get your money back.

 

Any document your friend signed that you were responsible for are not binding on you. It may however be binding on your friend.

 

An action for unlawful detainer is an action to have possession of the rental returned to the landlord. Since you were already moved out this should not have had an impact on you. Since your friend did not move out this does have an impact on you financially because the lease is in both your names.

 

With respect to whether a crime has been committed. Falsifying a signature on a legal document is criminal fraud. The damages resulting from the fraud and signing documents are your friend's to pay.

 

If you found this answer useful please ACCEPT my answer; press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified
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Jack R.
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Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
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Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

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