Identity Theft Litigation
Fair Credit Reporting Act Claims
Real Legal Action
Imagine a stranger walks into a leasing office with a fake ID that has your name and personal information printed on it. They sign a lease, move in, and stop paying rent within a few months.
Because eviction can take months to complete, the impostor lives there rent-free for as long as the process allows, then vanishes before the sheriff arrives. What’s left behind is an eviction judgment, an unpaid balance, and a damaged rental and credit history attached to your name, for an apartment you never set foot in.
This is rental fraud, and it is one of the more devastating forms of identity theft because it can quietly follow you for years. It shows up when you apply for your next apartment and get denied or when a landlord’s collection agency starts calling you for rent you never owed. It also shows up on your credit report, sometimes with no warning at all.
At Sharmin & Sharmin, P.A., our identity theft attorneys represent Texas victims of rental identity theft. With over 20 years of experience litigating under the Fair Credit Reporting Act, we know how to get fraudulent evictions and rental debt removed from your record – and how to hold accountable the companies that refuse to fix it.
Call us today at 1-844-SHARMIN or visit our contact page to schedule a free consultation. Our Texas background check error lawyers work on a contingency fee basis, so there is no cost to you unless we win.
Rental identity theft typically happens when someone obtains your personal information and pairs it with a fake or altered ID displaying their own photograph.
The fraudster uses that identity to pass a landlord’s background and credit check, sign a lease, and move in.
In some situations, the impostor may pay the first month’s rent to avoid immediate suspicion, then stop paying altogether.
The eviction process in Texas can take weeks to months to complete, which means the identity thief may get a long period of free housing before they’re forced out. By the time the eviction is finalized, they’re often long gone, leaving the property, the debt, and the paper trail behind in your name.
Fraudulent rental or leasing occurs when someone uses stolen personal information to sign a lease in another person’s name. The thief occupies the property, often fails to pay rent, and eventually disappears. The victim is left with the fallout, which can include eviction filings, unpaid rent sent to collections, and damaged credit.
Under Texas Penal Code § 32.51, using another person’s identifying information without consent and with the intent to harm or defraud is a criminal offense that can result in felony charges.
The process usually starts with a stolen Social Security number and enough personal details to fill out a rental application. In competitive housing markets where landlords need to fill vacancies quickly, some screening processes may not catch the fraud before the lease is signed.
Once the thief moves in, all rental obligations are tied to the victim’s identity. When the rent goes unpaid and an eviction is filed, it shows up under the victim’s name in court records and tenant screening databases.
Rental identity theft can go unnoticed for months or even years. Signs that someone may have used your identity to lease a property include:
Schedule a free consultation with our legal team today if you’re noticing any of these warning signs. We can help you take appropriate action in response.
Most victims discover the fraud only after the damage is already reported. Damages to identity theft victims may include:
Because tenant screening reports are a form of consumer report, they are covered by the Fair Credit Reporting Act, which means you have the right to dispute the inaccurate information and have it corrected or removed.
If you find out that someone signed a lease using your identity, taking action quickly can help limit the damage. Steps to consider include:
Taking these actions as promptly as you can, in addition to seeking legal advice from a qualified attorney, is best to ensure your rights are fully protected going forward.
Eviction records in Texas can follow you for up to seven years, even if the filing was the result of identity theft. To get a fraudulent eviction removed, you will need to dispute the record with the tenant screening company that is reporting it. Per the FCRA, the company must investigate your dispute and correct or remove any information it cannot verify as accurate.
Providing your FTC report as well as any supporting documentation from the landlord will strengthen your case. If the screening company fails to act from there, you may have grounds for a legal claim.
If a fraudulent eviction or unpaid rent balance continues to appear on your record after you have disputed it, one or more parties may be legally at fault. These include the following:
Other parties could be liable as well based on the specific facts and circumstances of your case. Our rental fraud attorneys in Texas can answer any questions you may have during your free consultation.
Getting a fraudulent eviction removed from your record is rarely as simple as a phone call. The burden is on the victim to prove that they were never the tenant in question. When a screening company or credit bureau fails to properly investigate a legitimate dispute, that failure can serve as the basis for a federal lawsuit under the FCRA.
Our attorneys know how to build that case, compel a thorough investigation, and pursue damages when these companies won’t do their jobs.
If someone used your identity to rent an apartment, and you’re now facing an eviction record, collection calls, or credit damage that isn’t yours, you don’t have to fight it alone. The attorneys at Sharmin & Sharmin, P.A. will review your situation at no charge and explain your rights under the FCRA. Call 1-844-SHARMIN or contact us online. There are no attorney fees unless we win.
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