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Statue of Limitations of hold over tenant. - Landlord Forum thread 360338








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Statue of Limitations of hold over tenant. by charles on March 13, 2020 @19:14

                              
I was finally able to locate a Illinois tenant who moved out in the middle of the night about 10 years ago, owing outstanding rents and did substantial damage to the property. The tenant stayed 6 months past the renewal date of the lease and although i sent the Tenant a lease renewal, it was never returned. When the tenant was in court, they are claiming that since the lease ended, that the damages claimed occurred outside of the lease period and are only subject to the 5 year statue of limitations not the 10 years for the written contract. My lease is one of the LPA's and does have the Holding Over Clause.
My Question is: Does the Holding Over Clause survive the 10 year statue of Limitations much like the lease, or does it fall into the 5 year statue of limitations for Injury to Property. This has not been settled as of today, since we have tracked down an additional tenant that needs to be served.
Respectfully.
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