Skip to main content

Fraud: Beware of identity theft

Fraud: Beware of identity theft

Fraud takes us by surprise. Frauds exploit every facet of your personality to inspire confidence and divert your vigilance.

When renting a dwelling several situations may arise.

In a recent case, an owner has unfortunately been caught.

A young rental candidate presents herself to rent a housing. She has her mother signing as a guarantor to the lease to avoid checks on herself that could only be unnecessary according to her considering her young age and her lack of experience with payments that could be found against her.

She returns to the owner the lease signed by her and her mother and she moves into the housing.

After a few months the delay in the paying of the rent leads the owner to contact the guarantor in order to inform her of the situation and make arrangements for the payment of the rent.

That's when the adventure turns sour, the mother claims she never signed the lease and is not responsible for the acts of her daughter.

What is the recourse of the owner? Of course, the introduction of a request to the Régie du logement to obtain termination of the lease and the non-payment of rent. Is the mother telling the truth and did she not sign the lease or is it only a lie in order to avoid being held liable for the payment of rent? The Régie du logement will have to decide. Evaluations on the signatures may be made, but that is expensive and takes time. There is also the possibility of a police investigation since fraud may allegedly have been committed if the mother has not signed the lease, and if her daughter has forged her signature.

We can see that this is a real nightmare for the owner.

The confidence that inspires a tenant is our real problem. Without it, we would have asked the mother to come over and sign the lease on the premises by identifying herself. We would also have requested a evaluation not only of the girl but also of the mother.

Do not be fooled by appearances, a good fraud is credible and inspires confidence, if not so, he/she would not be able to convince us.

About the author

Martin A. Messier

Me Martin A. Messier a fait ses études au Collège Jean-de-Brébeuf avant de continuer ses études en droit à l'Université de Montréal. Il est membre du Barreau du Québec depuis 1992, et œuvre auprès des propriétaires de logements locatifs depuis 1993.

Il est entre autres président de l'Association des propriétaires du Québec, propriétaire d'une compagnie de gestion immobilière. Il est fréquemment invité comme conférencier dans le cadre de conférences et de séminaires juridiques et de gestion portant sur le louage immobilier.

Join now

Not already member of the APQ ?

Take advantage of all our services by joining now

This site uses cookies in order to provide you with the best possible user experience. By continuing to browse this site, you agree to the use of cookies.