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We send a letter accounting for the paid damage deposit, that is all the law requires,
Once the furniture and picture are removed more problems can be see, after appliances and other items are checked by the new tenants a list is made, and corrected.
The new tenants may have discover the pet damage to the carpet,
Indiana law give the LL 7 years to file a claim against the tenant, as for the CB, you can dispute the claim within 30 days, and then they will need to take you to court for the damages. The tenant has 2 years to file against the LL.
I doubt you are in the clear after 30 days, it does not allow enough time for inspections courts are very liberal to both parties,,
You are within your right to ask for an itemized bill. if the carpet was repalced it needs to be depreciated, I also doubt they intended to give you a 100% SD refund, if they paid for the carpet cleaning, paint touch up etc..sound like a PM lost their job..
I don't believe you are correct. The return of the security deposit in full settled any question of damages. A LL cannot reinvent the wheel and sue the tenant for damages once the deposit has been returned. This is precisely why there is a time limit imposed upon the LL (depending on the state, usually 21-30 days) which period gives him the time to document any damages and itemize them accordingly.
I always put in the letter this is not the final bill, and expenses are on going...
I never close the door, and box myself in...we have 45 days to send an accounting.
State laws may differ, in our state we have a tort claim, and it is 7 years, to go after the tenant, they have 2 years to file a case against the LL.
I often wait 2 to 3 years to file, since many of my renters income improves after graduating. Their is no since rushing to court unless the party is collectable.
I do find it strange the total deposit was refunded, and blame it on a PM, it is a not a strong case for the LL, should it go to court.
This letter is a partial SD accounting,There may be additional damages. Your SD is being applied toward payment of your delinquent obligations as set forth above.
As a result you will not be receiving a refund of your SD.
I always put in the letter this is not the final bill, and expenses are on going...
I never close the door, and box myself in...we have 45 days to send an accounting.
Quote:
Originally Posted by satman40
This letter is a partial SD accounting,There may be additional damages. Your SD is being applied toward payment of your delinquent obligations as set forth above.
As a result you will not be receiving a refund of your SD.
A copy of your lease agreement is enclosed.
Hope this helps someone.
You've now better explained it than you did earlier. However, in this case, the LL/PMC returned the full security deposit to the tenant so it's a moot point.
We send a letter accounting for the paid damage deposit, that is all the law requires,
Once the furniture and picture are removed more problems can be see, after appliances and other items are checked by the new tenants a list is made, and corrected.
The new tenants may have discover the pet damage to the carpet,
Indiana law give the LL 7 years to file a claim against the tenant, as for the CB, you can dispute the claim within 30 days, and then they will need to take you to court for the damages. The tenant has 2 years to file against the LL.
I doubt you are in the clear after 30 days, it does not allow enough time for inspections courts are very liberal to both parties,,
You are within your right to ask for an itemized bill. if the carpet was repalced it needs to be depreciated, I also doubt they intended to give you a 100% SD refund, if they paid for the carpet cleaning, paint touch up etc..sound like a PM lost their job..
I'm fairly confident here you are misreading the law here. I'm not all that familiar with Indiana law, but I'd like to know where you got the 7 year statute of limitations for tort claims. According to this, it's 2 years, with 6 or 10 years for some types of contracts. This is no 7 year SOL that I could find, anywhere.
I think the point that is being missed here (though STT clarified it some) is that no matter what the SOL is for the claim, certain actions (or inaction) will invalidate the claim. The landlord returning the security deposit in this instance, almost certainly invalidates the claim. In another forum, I'm helping a Consumer from Georgia with a repo case. Even though the nationwide SOL for repo deficiency suits is 4 years, if it was not performed in accordance with the law (and this one wasn't) the creditor loses their right to the claim.
You're also mixing up the credit law portion of this. The 30 day window you mentioned is what provided for under the Fair Debt Collection Practice Act. This is the period where a consumer can dispute the debt with a collection agency and preserve some rights. A debt can be disputed after 30 days, but it removes much of the collection agency's liability for continued collection activities. A debt can be disputed with the credit bureaus at any time.
We use 7 years as a guide line, and try to file within 4 years,
I have an Attorney and follow his guide lines.
A tenant loses much of their counter claim rights after 2 years,
If a CB files it limits my liability as a LL, since I am not filing the case.
All I can tell you is Indiana law.
I have had the same Attoney for 40 years plus, and prevailed in every case we have filled.
Ok, which part of that text was supposed to be applicable here? It doesn't make any mention of a 7 year SOL, but it does list a 10 year SOL for breach of contract.
Also, when you say "If a CB files it limits my liability as a LL, since I am not filing the case" are you talking about the credit bureaus? Why would a credit bureau file?
A tort claim is a tenants or wronged person right to file for damages, a tenants could file sexually harassment, and a LL has the liability to defend even if he is not guilty.
After that we get into contract law, and depositions and discover so evidence becomes tainted....people move and die, even receipts get lost...defendants also pay 50% for depositions, so money will slow them down when $2000.00 goes out the door for a out your money where your mouth deal comes into play.
We are beyond this case or anything you are familiar with, or will experience, I hope..
Thanks for the clarification. I post on some consumer/credit forums and collection agencies/debt collectors are usually referred to as "CAs" so I got a little confused there.
Anyways, even on that point, you're on a shaky ground. Using a collection agency opens up another can of worms with the FDCPA and FCRA. Those are issues that the debt collectors typically have to deal with, but there is case law where the original creditors have faced liability in some more extreme situations.
Quote:
A tort claim is a tenants or wronged person right to file for damages, a tenants could file sexually harassment, and a LL has the liability to defend even if he is not guilty.
Thanks. I knew what tort claims were already though.
Quote:
After that we get into contract law, and depositions and discover so evidence becomes tainted....people move and die, even receipts get lost...defendants also pay 50% for depositions, so money will slow them down when $2000.00 goes out the door for a out your money where your mouth deal comes into play.
We are beyond this case or anything you are familiar with, or will experience, I hope..
I think we are not communicating well here. My original contention with your post was over the 7 year SOL that I can not find anywhere, and the applicability of it under a circumstance that the OP is going through.
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