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Statute of Limitations

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Statute of Limitations

Postby SY Ng » Tue Oct 08, 2002 11:52 am

I have a legal question:

Three years ago, I moved to a new apartment but before I left, the landlord claimed that I still owed him a month's rent. I disputed this claim with letters, calls, etc., and after a while, he finally stopped harassing me....until last week--3 years later--still claiming that I owe him this money. My question: is there a statute of limitations on such a claim? Does he still have the right to pursue this claim after three years?

Thank you so much to anyone who has any answers, or who knows where I can locate them!
SY Ng
 
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Re: Statute of Limitations

Postby consigliere » Wed Oct 09, 2002 10:40 pm

A lease is a contract. Under New York law, the statute of limitations to sue on a contract is six years (CPLR §213), so your landlord could sue you for the disputed month's rent.
 
consigliere
 
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Re: Statute of Limitations

Postby Downtowner » Thu Oct 10, 2002 3:21 pm

Sy,

As I have found, when it comes to advice from anonymous people on Internet bulletin boards, Caveat Emptor (buyer beware). Free advice isn't really free if it's bad advice.

Unless your ex landlord hires a lawyer to collect, tries to sue you or has paid to put a black mark on your credit record, you probably don't have much to worry about, especially given that he hasn't tried to collect the alleged debt for three years. If he takes you to court, he has to prove you owe the amount claimed. Depending on how much he claims you owe him, it may not be worth his time or expense to sue you.

If you are really worried about it, consult an attorney. Most are usually willing to meet with you to answer simple questions and provide legal advice for a relatively small fee (less than $100), and if needed write a letter to your prior landlord on your behalf threatening legal action if he does not either prove you owe the debt or stop bothering you about it (at an additional cost).
Downtowner
 
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Re: Statute of Limitations

Postby consigliere » Thu Oct 10, 2002 6:31 pm

consigliere originally wrote:
 
A lease is a contract. Under New York law, the statute of limitations to sue on a contract is six years ([b]CPLR §213), so your landlord could sue you for the disputed month's rent.[/b]
 
Downtown Guy,
 
The subject line of the original message posted by SY Ng is Statute of Limitations, and the question asked was if three years was beyond the statute of limitations.
 
I correctly responded that, in New York, the statute of limitations to sue on a lease/contract is six years.
 
The original question didn't raise issues about the landlord's claim being turned over to a collection agency or attorney, or appearing in a credit report. The amount of rent for one month wasn't stated. Nor was an issue raised that the landlord might be a corporation, which would have to be represented in court by an attorney.
 
I did not give bad advice. In fact, I gave NO advice at all. I correctly answered the question that was asked.
 
consigliere
 
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Re: Statute of Limitations

Postby Downtowner » Fri Oct 11, 2002 9:59 am

consigliere

My post was not directed at you. It has to do more with my own experiences here in regards to a legal issue I'm having with my own LL.

Sy's basic question was "Can my ex landlord still sue me?" You answered that question correctly with your answer. I extrapolated what would be the logical next question which is "Okay, if he can sue me, what should I do about it?" to which my reply was if he does, seek competent professional help, and don't rely on answers posted on an Internet message board by anonymous people.

I think FairSpectator is in love with me. He seems to like following me around like a puppy dog. :roll:
Downtowner
 
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Re: Statute of Limitations

Postby Mr Gray » Mon Oct 14, 2002 9:35 pm

I think both of you need to find a room. :)
Advice only. Take what you want...throw away the rest. :)
Mr Gray
 
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