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How long does a previous landlord legally have to sue for alleged damages?
Anonymous3 views3 answers
My previous landlords are threatening to sue for damages that were never discussed until five months after my move out. I was to the understanding that after 30 days of move out the landlords are considered to have agreed that there are no damages. Also they kept my security deposit and only sent me a typed letter for said damages. I did not have a final inspection, they would not come for one, we had agreed they keep security deposit and we vacated on the date they had chosen and call it a mutual termination of lease. New tenants occupied the resistance immediately but now the old LL are wanting to sue for damages
The statute of limitations is in fact 1 year. The 30 days pertains to the part of the timeframe where the landlord can keep your security deposit with notice.
If you are being sued, you need to consult with an attorney very soon. A judgment from a landlord on your credit report is very damaging; preventing you from getting into a new rental unit, from getting a mortgage and other loans.
If the facts are such that you do owe, you want any settlement to be out of court. If the landlord is blowing smoke, you want representation who can get the issue dismissed.
If there is a written lease, and you are sued for breach of contract for the damages, the landlord may be able to sue up to six (6) years for damages. It is a much shorter limitations period (someone said 1 year) to sue for an intentional tort. But a contract period (6 years) may apply. Also applicable are the doctrines of "tolling" and "revival". So if you sue for a deposit return, it may permit "revival" of otherwise lapsed claims. Hope this helps. Best wishes.
