Rental lawsuit question (long)

Discussion in 'Credit Talk' started by NanaC, Jul 7, 2002.

  1. NanaC

    NanaC Well-Known Member

    Here's the situation:

    Renter rents a house from Landlord with year lease and deposit of first months rent. Renter completes the lease with no late payments whatsoever and continues month-to-month for an additional year with no late payments or complications.
    Renter provides 30-day notice and leaves. House is left in better condition than when rented. (Renter worked in remodeling and with full agreement of landlord, fixed some major issues, added missing doors, etc.) However, normal wear and tear on carpets did occur over 2 years. Nothing more as Renter was great about care of carpet and house. Upon leaving, house was scrubbed and in better-than-moved-into condition. Landlord did not show for three scheduled walk-through's of the property before Renter left. Renter expect most, if not all of $1100 deposit will be returned.

    Within appropriate time frame, Renter receives from Landlord a bill for $1350 - $1100 deposit. Landlord says they will turn to collection if not paid. Renter sends request for detailed information regarding charges and finds several untrue or inconsistent entries and sends detailed dispute of charges to landlord with intent to sue. Landlord does not reply in any form. Renter does not sue. A year passes. No collection action is taken by Landlord.

    Now, my question (and thanks for reading my story), if renter does not sue, can Landlord (after waiting 2 years from intent to sue letter by Renter), then go after Renter without fear of suit? Of course, going to collection then? Does the renter lose their rights to defend themselves on this?

    Thank you!
     
  2. gib

    gib Well-Known Member

    Ok, from what I read, he may not have to fear being sued on the original complaint (2 year SOL), but he would still leave himself open to a lawsuit on FCRA violations as a Furnisher of Information.

    Gib
     
  3. NanaC

    NanaC Well-Known Member

    Thanks for the info. I appreciate that. On the side of the renter, I am wondering if the Landlord could sit quietly until the renter could not sue anymore and then try to go after renter (through CA or whatever)? But, if I understand you right, reanter then could address the violations of furnisher of information as you suggest. Thanks
     
  4. GEORGE

    GEORGE Well-Known Member

    Is this still the AURORA, CO house???
     
  5. NanaC

    NanaC Well-Known Member


    Yessir..I just started wondering if they were going to sit quietly and then start getting active when the 2 year lawsuit time was up for us to sue them (it is 2 years, right?)
     
  6. LKH

    LKH Well-Known Member

    Why didn't you sue him?
     
  7. NanaC

    NanaC Well-Known Member

    DH's father has cancer...to be quite honest, we couldn't travel up to CO for lawsuit.
     
  8. GEORGE

    GEORGE Well-Known Member

    YOUR $1,100 DEPOSIT IS GONE...I guess you will have to deal with it...

    He got your money by FRAUD...there is probably a 100% chance he WON'T ever try for any more money...he already got it...

    You would have to do something after 60 days, I think...send a demand letter...then "FILE" after 30 more days...(I THINK...I'M NOT AN EXPERT IN RENTAL LAW)...

    SORRY...

    :(
     
  9. GEORGE

    GEORGE Well-Known Member

    He WON'T ask for the other other $250 ever...I ASSUME...
     
  10. NanaC

    NanaC Well-Known Member

    For what it's worth, I did do all of those things you mentioned within the time frame necessary and send intent to sue as required by CO law except I just never filed. I have accepted the loss of the $1100...just don't want to be hit up by this guy for the $250 and not have anything I can do about it. Even more imporantly, I don't want our credit affected. Thanks, George, for the input!

    We decided care of DH's dad was more important than the money so we are comfortable with the tradeoff. :)
     
  11. LKH

    LKH Well-Known Member

    George is most likely correct. The scumbag took your money and sent you a threat letter so that you wouldn't pursue it. Looks like if you want your money you will have to sue him. Why not file a small claims suit, have him served and send an offer to settle with it. If he ignores it and it does go to court, you could always dismiss it if you can't make it. Just an idea. Or, you could send him a filled out, unfiled complaint with a demand letter and see if he responds.
     
  12. NanaC

    NanaC Well-Known Member

    LKH, I never thought of that! Thank you! What a great idea!
     

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