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  1. #1
    Join Date
    Sep 2007
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    2

    Default Landlord Trying To Collect Rent Three Years After Eviction

    Three years ago I was in a living situation that I felt was life threatening. I was living in an apartment complex run by a large business. My neighbor was harassing me and I believed that his behavior was escalating toward violence. I complained to the rental office many times. I used the excessive noise coming from his apartment as my main complain, since I had this backed by police reports. The office choose to ignore the situation. I had a lawyer write them a letter. They responded by evicting me. In the eviction, they claimed various infractions that echoed exactly what the neighbor had threatened me with during his harrassment. (He was friends with the manager.) The eviction notice said I would not owe the money for the rest of the lease if I left by a certain date. I know its illegal to do this, but I didn't care. I was free! Today, three years later, I received a notice in the mail that this landlord is trying to collect 1277 dollars from me, and "would I please call to make arrangements for payment." They already have my entire security deposit, as I felt this would go above and beyond the damage to the carpet that my dog had caused, and I very much never wanted to hear from these people again. (The security deposit was $650)

    How should I respond to this letter? Should I hire an attorney to answer it for me? (Money is very tight.) Isn't there some kind of time limit on these things?

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
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    Default Re: three years after the fact

    The statute of limitations is different for each state.
    It is usually around 2 years for residential tenants.
    Did you keep a copy of your lease? Did you receive anything in writing about your landlord allowing early termination of the lease?

    The rental deposit and repair of damages are usually two different things covered in your lease. If you have your copy it might say this.

    If there was a written agreement for early termination, but nothing in writing about returning your deposit after damages were assessed you still maybe able to negotiate with the landlord.

    Consider hiring an attorney if the landlord sues you.

  3. #3

    Default Re: three years after the fact

    First off you say you were EVICTED. Eviction is an action of the COURT. Did they file an EVICTION court action against you? Otherwise you were NOT evicted.

    Next...$650 would not cover a destroyed carpet let alone lost rent and IF EVICTED filing fees, costs, attorney fees, etc. Your post is not clear enough to know.

    Next...you didn't post the state/location of the rental which must be known for further input.

    What all do you have IN WRITING to/from them re: the time you left? Did you leave them a forwarding address?

    Without more info..no way to really answer you any further.

  4. #4
    Join Date
    Sep 2007
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    2

    Default Re: three years after the fact

    Thank you for responding. As you can probably tell, I'm not familiar with how to deal with these things.

    If eviction is a court action, I guess I wasn't evicted. I received a rather threatening letter saying that they would not take further action if I left immediately. It specifically said I would not owe the rest of the rent in my lease.

    Considering that the carpet was cheep apartment carpet and only affected the entryway, I think 650 is plenty to cover it. Some of the rest of the carpet was destroyed by their central air breaking down and leaking through the ceiling. I did keep the letters back and fourth about that leak.

    I absolutely did not leave them a forwarding address. I'm seriously creeped out that they found me up here. Although, I quite far away, so I think I'm safe.

    The state was Maryland. And I haven't received anything from them about this before. Being that I changed my drivers license, registered to vote, applied for credit, etc... since then, it seems to me that if they were really looking, they would have found me by now.

    I've kept all the papers, including the lease and their letter.

    The letter I received yesterday says its an "attempt to collect a debt" not that they want to sue. It doesn't say anything about why.

  5. #5
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    The landlord had 45 days to return your deposit. If he was to charge for damages beyond normal wear and tear he should have attempted to discuss this with you before three years have past.

    Return of deposit to tenant; interest

    The landlord must, within 45 days after the end of tenancy, return to tenant the security deposit minus any amount which he may rightfully withhold. Simple interest of 3% per year must be paid on security deposits of $50 or more and must accrue at 6 month intervals from the day the security deposit was given. Interest is not compounded. If the landlord, without good reason, fails to return any part of the security deposit within 45 days after the end of the tenancy, he is liable to the tenant for up to three times the withheld amount of the security deposit plus reasonable attorney's fees.


    This is about security deposits
    http://www.peoples-law.org/housing/l...20deposits.htm

    All from the Landlord- Tenant Law MD
    http://www.peoples-law.org/housing/l...-Securit-36621

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    you might want to add this to deadlocks post:

    Tenant ejected or evicted or abandoning
    Where tenant has been evicted or ejected for breach of the lease, or has abandoned the premises prior to termination of the lease, the procedure for return of the security deposit is as follows: 1) Within 45 days after leaving the premises, tenant sends to landlord by first class mail a request for return of the security deposit, and informs landlord of tenant's new address;
    If you failed to provide a forwarding address (which by the tenor of your post, you did not do), the LL's obligations to return your deposit are greatly relieved by this section. I presume he still has to make some effort to locate you but the onus is upon you to notify the LL of a new address for correspondance.

    as to the time since this ordeal happened:
    I believe the applicable statute of limitations would be 4 years (per maryland code 2A-506)

    I have not found any applicable tolling statute that would toll the statute of limitations but often when leaving the state (I presume you have, hence the new drivers license et. al.) if there is one, you may have activated it by leaving the state.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    Apparently, though, this was not a formal eviction, but was instead a voluntary surrender of the apartment.

  8. #8

    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    Sounds like a collection agency is hounding you. You can dispute the debt and request validation or you can do nothing. It is unlikely that they will sue over this amount but they will keep sending you letters and harassing you. Do not make any payments, call them or even talk to them if they call you.

  9. #9
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    I agree.

    I would suggest you write a brief note stating that you have a written agreement from LL stating you were given written agreement to terminate. And when you vacated the premises he did not state you were obligated to provide any additional fees for anything beyond normal wear and tear.

    He did not return your deposit which you are entitled to receive. He owes you three times amount of your original deposit $1950. If that amount is not sufficient provide documentation damages were incurred when you occupied the premises as well as the amount assessed to repair or replace.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Landlord Trying To Collect Rent Three Years After Eviction

    Quote Quoting aaron
    View Post
    Apparently, though, this was not a formal eviction, but was instead a voluntary surrender of the apartment.
    well, if you don;t like that, then let's go with this:
    (
    1) If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred.
    Do we know if the LL mailed such notification as required? No, because OP moved and didn;t leave a forwarding address.


    the thing I see is that OP frustrated the actions required by the LL to follow any requirement to return any of the deposit, which he actually could claim anyway with notice due to the damages caused by OP.

    even from the sectiopn deadlock posted

    If the landlord, without good reason, fails to return any part of the security deposit within 45 days after the end of the tenancy, he is liable to the tenant for up to three times the withheld amount of the security deposit plus reasonable attorney's fees.
    I would suspect moving and not providing a forwarding address would be considered "good reason"

    But all that is an aside to the collections attempt as I see it. If OP wants to dispute the collections, then go for it. Unless he does, it would seem, if brought to court, he would lose and the resulting judgement will last longer than the initial SoL would have. They have found him now and if he fails to respond, that is on him.

    As to not suing for the $1277? I wouldn;t want to bet my paycheck on it. Haven't looked up any applicable statute but attorneys fees are and collection expenses are often allowed to be tacked on to the total.

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