What to do if a landlord fails to notify a past tenant of alleged damages within the 45 day limit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a landlord fails to notify a past tenant of alleged damages within the 45 day limit?
I was a tenant for 12 years. My landlord died and his son inherited the house. He no longer wanted to rent to me. Then 72 days after moving out, I received a letter from his attorney asking for $9000 for damages. Some of the damages were there when I moved in and the other “damages” were normal wear and tear of the house. When I questioned his lawyer about the amount of time that went by before being notified, I was told that they didn’t know where I currently lived. Bit they knew my phone number and also knew where I was employed. So it’s bull that they couldn’t find me.
Asked on April 30, 2011 under Real Estate Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well they found you eventually so maybe they just took their time about it. But they are within their time to sue for property damage if they have a case. Did you take pictures before you left the house? Or have witnesses to the condition, maybe that helped you move? Anything in writing that indicates that certain damages were there before you moved in as you say? You need proof to combat their claims. The normal wear and tear should be excluded from the suit. You will need a breakdown of the claims from the attorney but I would consider speaking with someone here. This is a very big amount to be sued for. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.