The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Can the landlord collect damages after 30 days? - Landlord Forum thread 274518

Can the landlord collect damages after 30 days? by Lisa Richards (Pa) on January 14, 2013 @17:29

                              
I moved out of a rental home the end of June and I will admit there was some damage done by my dogs to the carpets. They are trying to charge me for over and above the price of damages. I had an estimate done and it was no where near what they are asking. I never received a list of damages until October 23rd. This was via a certified letter for a civil action suit. I did give my landlords my new address before I moved via Facebook. This is the way my landlord and I have always communicated.

First, I want to mention I am not trying to not pay them for damages. I just want to pay them according to my estimates and not theirs.

During the hearing I had printed the Landlord Tenant act and brought it to the judges attention that I did not receive this information within the 30 days and should not be liable for damages. I had given the judge proof of the landlord receiving the address as well. She stated this did not pertain to my case since damage was done.

I don't see anything stating that! From all the information I have read online they are not allowed to sue for damages after 30 days. If that is the case how is it legal for the judge to rule in their favor?

I am going to appeal with an attorney but want to make sure I am not overlooking something first. Any help would be appreciated.
[ Reply ] [ Return to forum ]

Re: Can the landlord collect damages after 30 days? by Micah (ME) on January 14, 2013 @17:54 [ Reply ]
No, what byou are thinking of is the return of the security deposit/statement. That is normally done within 3 weeks to a month depending on the state.
Re: Can the landlord collect damages after 30 days? by Anonymous on January 14, 2013 @18:16 [ Reply ]
State regulations in LL tenant acts determines the time limit that a LL has to either return a SD or provide a list of damages that was deducted from the SD otherwise the SD must be returned to the tenant. It does not excuse the damage done if any that was left by the tenant. The tenant is still financially responsible for the costs and the LL may pursue the former tenant in civil court.

Also, you cannot force the LL to use your estimates. The LL is entitled to use a contractor, materials, procedures of their choice to repair as long as the cost is fair and within industry standards. Your quote may not be from a reputable source or may not include a full breakdown of all that needs to be repaired.

Would you think it would be fair if you were forced to use the repair person that a person who damaged your property just because it was a really low price but not up to your standards?
Re: Can the landlord collect damages after 30 days? by Anonymous on January 14, 2013 @18:17 [ Reply ]
You are conflating two different issues here. First, they were required to either return your deposit or provide a settlement within 30 days. If they didn't do that, you might have a claim against them for up to 3x the deposit amount, depending on your state. In some states, the LL can't use the deposit to offset your charges if they don't provide that statement in the required time. You may have waived this claim by not bringing it up when your landlord sued you. Talk you your attorney.

The other issue is the LL's claim against you for damages. Sounds like they proved their case. Just because they have to give you back your deposit doesn't mean they can't charge you for the damage you did. It just means they can't withhold it from your deposit, and it makes it harder for them to collect. But you still owe the charges.
Re: Can the landlord collect damages after 30 days? by Bill on January 14, 2013 @18:46 [ Reply ]
Stop being such a deadbeat and pay up. What do you think your already low credit report is going to look like with a judgement on it? What is going to happen here is that you will pay the landlord and the lawyer. Real smart.
Re: Can the landlord collect damages after 30 days? by John (MS) on January 14, 2013 @19:07 [ Reply ]
Don't listen to these folks, they are completely wrong. You are in the right here, after 30 days there is NOTHING they can do to make you pay, ANYTHING. PERIOD. And that is the law in all 50 states. And it is well known, everywhere.

Do NOT write that Landlord a check, you are just throwing your money away. You are not required to pay anything at all, period, ever. He has been very unfair to you up to this point, taking you to court and everything - it isn't right. And I'm sure you are a beautiful woman too, this is just crazy.

Good luck with it and keep your chin up.
Re: Can the landlord collect damages after 30 days? by John (MS) on January 14, 2013 @21:42 [ Reply ]
Ok, that does it. Let me read you a direct quote from California State Landlord-Tenant Act, Section 666:
"No Landlord may ever require or claim payment from a tenant after aforementioned statute of limitation time period of thirty(30) days has heretofore expired."

There it is. I knew I wasn't crazy.
LANDLORD can sue after 30 days? YES. by Marge (TX) on January 14, 2013 @22:02 [ Reply ]
Look up your state's statute of limitations.
That will tell you how many YEARS the landlord may start a legal action to sue for damages and / or other charges.
Re: Can the landlord collect damages after 30 days? by Anonymous on January 14, 2013 @22:02 [ Reply ]
You already went to court

you said......'''During the hearing I had printed the Landlord Tenant act and brought it to the judges attention that I did not receive this information within the 30 days and should not be liable for damages. I had given the judge proof of the landlord receiving the address as well. She stated this did not pertain to my case since damage was done.'''

The Judge already told you it did NOT pertain to your case. Your landlord can sue you for up to FOUR years after you caused the damage.

You didn't state what the Judge's ruling was on this case. If you lost (which you implied) your best bet is to start paying the landlord instead of the lawyer.

If the landlord did get a judgement against you, your credit rating is already in trouble and settling this up quickly is the best option.
Re: Can the landlord collect damages after 30 days? by John (MS) on January 14, 2013 @22:45 [ Reply ]
That is all not true.

The landlord has ONLY 30 days, it says it in the Act, and must also serve a timely notice of the claim, in writing, prior to the court action.

So that's what it says, and that's the law.

The judge in your case was absolutely wrong, and you should both appeal the decision and consider suing the judge for recovery of court costs and legal fees.
Re: Can the landlord collect damages after 30 days? by Lisa Richards (Pennsylvania) on January 15, 2013 @02:09 [ Reply ]
I live in Pa and this is what it states in the Landlord Tenant Act.

Section 250.512. Recovery of improperly held escrow funds
(a) Every landlord shall within thirty days of termination of a lease or upon
surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant
with a written list of any damages to the leasehold premises for which the landlord claims the
tenant is liable. Delivery of the list shall be accompanied by payment of the difference
between any sum deposited in escrow, including any unpaid interest thereon, for the payment-18-
of damages to the leasehold premises and the actual amount of damages to the leasehold
premises caused by the tenant. Nothing in this section shall preclude the landlord from
refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of
rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required
in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against the tenant for damages to the
leasehold premises.
(c) If the landlord fails to pay the tenant the difference between the sum
deposited, including any unpaid interest thereon, and the actual damages to the leasehold
premises caused by the tenant within thirty days after termination of the lease or surrender and
acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the
amount bywhich the sum deposited in escrow, including any unpaid interest thereon, exceeds
the actual damages to the leasehold premises caused by the tenant as determined by any
court of record or court not of record having jurisdiction in civil actions at law. The burden of
proof of actual damages caused by the tenant to the leasehold premises shall be on the
landlord.
(d) Any attempted waiver of this section by a tenant by contract or otherwise
shall be void and unenforceable.
(e) Failure of the tenant to provide the landlord with his new address in writing
upon termination of the lease or upon surrender and acceptance of the leasehold premises
shall relieve the landlord from any liability under this section.

Yes, I believe I am right from what I read. Thank you for all the replies. I expected to be criticized as well since this is a landlord forum. Keep in mind that you do not know me or my landlord so you can not judge me or my situation.
Re: Can the landlord collect damages after 30 days? by Shaun (FL) on January 15, 2013 @09:11 [ Reply ]
In my state I have up to 5 years to sue a Tenant for damages.

Facebook is not "legal notification" of your new address.
You should have either handed the notice along with your keys or sent notice via US mail to your former Landlord.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google