Is this illegal?

[thejs26]

I moved into an apartment with my girlfriend in April or 2008. We Signed a Year lease. After 2 months, we had some problems and broke up. She decided she wanted me to move out. So I left the apartment, after notifying them of what was going on.

Present day, I was checking my credit report, and noticed there was a bill of close to $8,000.00 for this apartment complex. I filed a complaint, and was sent a letter from the collection agency and the apartment complex.

They Sent me a copy of a Removal of Tenant Agreement that was filled out by my ex in July of 2008. She filled the entire thing out, got it notarized and the apartment complex took her off the lease without my permission and without me even living in the apartment anymore.

The problem with this paper, is there are many blank spots that are not filled in.

The spot where it says "Witness of the apartment" is blank. Other lines where my name should be are blank...

But it does say that by signing this agreement my ex acknowledges that I will be fully responsible for all related charges to the apartment, and she will lose any deposit she paid....

The collections agency said I executed this.... The only problem is my signature is NOT on the paper, and the apartment accepted this and took her off the lease anyway...

Is this illegal? Do I have any rights? What can I do?

 

[Gail_in_Georgia]

When you notified the complex you were moving out, did you get a signed statement from them giving you permission to be taken off the lease? Or was their approval only verbal?

Gail

 

[thejs26]

it was verbal. Which in the state of Az a verbal agreement is legal and binding... Although I know it is he said she said.... My concern is that they allowed my ex to fill out a removal of tenant agreement and took her off the lease without my signature or without me knowing

 

[Gail_in_Georgia]

While many states acknowledge verbal agreements as legal, it's more difficult to prove such should this entire issue go to court. Signed agreements are much more useful.

If your signature is not on this paper, it can certainly be argued that it is not legal. However, whether this is likely to stop the collection agency from bugging the heck out of you for this money is unknown. And you are still stuck with this information on your credit report.

Have you notified both the collection agency and the apartment complex that your signature is not on this document, that you never agreed to sign it and that thus you do not believe you should be held responsible for this?

Gail

 

[sfitz]

It appears that you were initially both on the lease, and that you had a verbal agreement with the management that you would be taken off the lease. Then, your partner got herself removed from the lease by written agreement. Since the verbal agreement conflicts with the written agreement, I would say that you are bound by the written agreement, and are responsible for the charges. This assumes that the removal agreement is legitimate without your permission. Check that with a lawyer and you will have the answer to your question.