does he have the right to sue?

Question

can anybody out there help me with a problem i have? This landlord is suing me for damages he says i did in a house. I rented for ten years. I moved out over a year ago and he waited atleast seven months to sue me. I thought there was a time frame to sue anybody. Somone had moved in four months after we left. He done some remodling so i think he wants money for things he should had fixed while we were there. this house is very old( built in the fiftys)me and my husband were renting from month to month. We also never gave any money for damages.(deposit) we have to go to court in a couple of weeks and we cannot afford a lawyer. this landlord says he has pictuers but i dont know what thats going to prove because we lived there so long ago anybody could have done damages to this house in the time we have been gone. so is there any hope for us?

Answer 1

7 months should be well within the Statute of Limitations... that being said.... it is probably safe to assume that this landlord was speaking with an atty immediately (within a month) after you moved out and it has taken about 6 months for the atty to get everything together and filed in with the court. If you lived there 10 yrs and he has dated photos after you moved out and there is damage he paid to have repaired... then you owe. It also sounds like you are saying "he can't prove it"... not that you didn't cause damage. ("this landlord says he has pictuers but i dont know what thats going to prove because we lived there so long ago anybody could have done damages to this house")... you didn't say that you didn't do it, you said he can't prove it... 2 very different things.

I had a couple living in my duplex... knocked off a cover for a baseboard heater, never cleaned the kitchen, never cleaned a light fixture, stove/oven was filthy, closet doors off hinges, paint on furniture I let him use, marker on the doors, play doh/food on the walls and this guy insisted that this was "normal wear". Any time I have to call in a professional to clean/repair.... that costs money and it is not an expense that the landlord should bear if it isn't normal wear and tear... i.e. a small tear in a screen, chipped paint on a corner, an adjustment needing to be made on a door etc... My point is that what you call normal wear and what I call normal wear may be 2 diff things.

Answer 2

One of the things he has to prove is that a> there was damage done, and b> you are the ones who did the damage.

To establish A, he needs to show that the damage wasn't there when you moved into the house. This can be done with photos, expert testimony that the damage couldn't be more than X old, or a witness that says that they saw the house before you moved into it and it didn't have the damage

To establish B, he's going to have to do much the same as A, only for right after you left. Having pictures of damage in the house, so long after you moved out won't hold burden of proof. He'll have to have a newspaper or something like that in the frame to prove the timeframe, or have a witness testify to the state of the place after you left.

From the court papers he provides, he should list the damages to the house he's claiming. Go through your photo albums and look for pictures that happen to show that location, and bring them to court. If you can show that the damage was there all along, then he's failed to prove A.
Bring along witnesses as well. People who would have seen the house the way you left it. Nabours, people who helped you move, etc. Anyone who can swear under oath that the damage he's claiming wasn't there when you vacated.

You should also look into the landlord-tenant act (or whichever name it goes under where you are) because some things are concidered "normal wear and tear" on a house and are the landlord's responsability.

In the future, it's a good idea to take along a camera when you are ready to move into a place go through it with the landlord and take pictures of every wall, floor and celing in every room, with close up pictures of any damage no matter how small. Have prints made, get your landlord to sign the back of each one to show he adknowledges that it's origional, then mail them to yourself in a registered letter, but don't open it. Do the same when you leave. That way, in the future if something occurs like this, you'll be able to show a judge everything they need to know to make a decision

Answer 3

Well, you really do need some legal advice. See if the Legal Aid Society can assist, or see if there is a tenants' rights group in your area.

Even though you didn't have a deposit, you may be able to defend yourself against this by using your state's security deposit law. Most states require the landlord to submit an accounting within either a specified number of days (usually 30) or a somewhat vague "reasonable time" after move-out. Most courts consider "reasonable time" to be 30 - 60 days at most. Argue that even though there was no security deposit, the landlord shold still have notified you of any damages within that timeframe. Most states bar the landlord from making any deductions if they do not notify you within the stated time required. If you're lucky, you might get the case tossed without even having to defend yourself.

At the very least you might want to go to the courthouse and tell the clerk that you want to file a motion for discovery to get copies of any evidence that the landlord has. This may or may not be an option in your state, but the clerk will let you know and may help you if it is an option. At least you'd have copies of any evidence that the landlord plans to use, and can prepare your defense based on that.

All of this is speculative based on my experiences as both a tenant and a landlord. Only an attorney can give you legal advice and only after proper consultation. Contact your State Bar Association for names of attorneys in your area. Initial consultations are usually free, or very low cost and may give you all the peace of mind that you need. At the very least, you'll know what the law says and can prepare yourself for what comes next.

Answer 4

It seems you got some good advice here. In small claims court I assume you will be heard at. Logically he will have to prove he owned the property by a lease when you first took possession plus he needs some documentation that all was fine 10 years ago. The judge will ask you if or not you did in fact do the damages he claims. If you deny it then he has the burden of proof and his proof will be that you occupied it, so it must be your fault. A good judge I feel would deny his claim because it appears he set you up knowing he had no deposit from you and this is his way of getting it. If he wasn't so money hungry then he would have not rented it so fast. His receipts of his repair and labor bills in my thinking would not be enough proof that you in fact did the damage, he as well could bring the new tenant to court to swear it was that damaged when they viewed the property with him.If I was the judge I would ask you, if you did not do the damage then show me proof where you complained to the landlord for him to repair and when, so be prepared

Answer 5

How much is he coming after you for?

The statute of limitations is generally two years but it depends on the state and also the type of suit.

Try going to a Neighborhood Legal Services office. They have tons of experience in this area. If the damages are what fall under normal wear and tear he has no right to recover if they are legitimate damages you may be found liable. He will probably have repair bills to back up his case but might be trying to get you to pay for his improvements.

If this is a large amount of money you should consult an attorney. It might cost you a few bucks now but it could be cheaper than if you loose. Call the state bar association for a referral to an attorney who does Landlord Tenant work or the number for the Neighborhood Legal Services office in your area.

Good Luck!

Answer 6

Yes, he does have the right to sue if he has some evidence that you may have caused damage to the house.

However, just because he has the right to sue doesn't mean he'll win.

Your best defense is to vigorously deny any knowledge of these damages and insist that they were not there when you left. If you have any pictures of the place at the time you left that contradict his claims you should make those available.

Answer 7

hmmm Now that is odd, you didn't pay a security deposit? Do you have any friends or neighbors that would be willing to go to court with you on your behalf. Seen the house when you lived in it? The things he didn't fix when he should have?

Answer 8

attorneys usually give free consultations. call & make an appt. & ask.

Answer 9

no.he can,t do that now
when another is residing ther for four months