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Laches - Is this a correct understanding?

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Laches - Is this a correct understanding?

Postby concord » Tue Dec 06, 2011 11:24 am

I did a bit of research on ‘laches’ by reading the two links below.

I am left with the understanding that laches does not apply unless some kind of undue hardship is done to the plaintiff.

As an example, if the tenant owes $6000.00 of rental for occupancy of an apartment for a six-month period, which occupancy occurred two years ago then, such a tenant shall not be excluded from owing that rent if the tenant has $750,000.00 in his bank account and no other debts.

Is this correct as a basic understanding of the law?

(Statutes of Limitation not being considered here.)


http://tenant.net/phpBB2/viewtopic.php?t=7973

http://en.wikipedia.org/wiki/Laches_(equity)
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Postby NYHawk » Wed Dec 07, 2011 3:25 am

You have it backwards. Laches is a defense that is only available to a defendant (respondent/tenant) -- not for a plaintiff (petitioner/landlord) to raise.

See:

http://en.wikipedia.org/wiki/Laches_%28equity%29

In the example given laches is not a defense available to the tenant because the tenant did not change his or her position to their determent as a result of the six-month delay in the landlord bringing suit. (Generally, six months is usually not a long enough period of time for invoking laches as a defense.)

Also: Google Advanced Scholar Search is a free and excellent legal research tool:

http://scholar.google.com/advanced_scholar_search?hl=en&as_sdt=20000000004
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Postby TenantNet » Wed Dec 07, 2011 7:48 am

One thing about laches, it doesn't get you off the hook completely; it can buy you some time. Remember the Statute of Limitations for rent is still six years. The landlord can still commence a proceeding or action in Civil or Supreme Court. I'ts more difficult for the landlord, but doable.
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