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My old landlord from an apartment I had a couple years back is threatening to sue me over unpaid rent. My boyfriend and I broke the lease and moved out without giving notice. This is true. BUT the conditions were unlivable. Our neighbour was super noisy and kept us up all night. The apartment was in a dangerous neighbourhood. My boyfriend's Mom gave us the down payment for a house and got it for us in her name (because we have not so great credit due to student loans) so we decided it was best for us to move and plus I was pregnant at the time. We told our landlord we wanted to break our lease and why, and he said we couldn't without paying several months of rent and I don't think that's right! Long story short, can he even take us to court or can we just ignore him?
Yes, he can take you to small claims. Just go and repeat what you stated. You may lose but it doesn't mean he'll get anything close to what he asks. Save ALL documentation of every interaction. Ignoring it is not really an option. I'd avoid anyone at the door for a while
Seems to me it's a statute of limitations situation which will depend on the jurisdiction. You need to find out what the statute of limitations is for your case.
Also, note that you are on the borderline of statute of limitations it might be a strategy to lead him along until the statute expires. Not nice, but an idea.
Myself, I place some blame on the landlord for not taking immediate steps to enforce his contractual rights. "Couple years" sounds pretty flaky.
You signed a contract when you leased the apartment. This will come under contractual law, which says if you default on a contract, the remedies (in this case it means what must happen to fix this thing) should be stated in your contract (your lease agreement). If you still have that piece of paper, you should look on it to see exactly what you promised the landlord when you signed the contract, and what can happen if you don't fulfill your side of the contract. This is what the judge will rely on if you get taken to small claims court.
Seems to me it's a statute of limitations situation which will depend on the jurisdiction. You need to find out what the statute of limitations is for your case.
Also, note that you are on the borderline of statute of limitations it might be a strategy to lead him along until the statute expires. Not nice, but an idea.
Myself, I place some blame on the landlord for not taking immediate steps to enforce his contractual rights. "Couple years" sounds pretty flaky.
SOL on this is 6 years here so if it happened here, and I doubt it just saying, a couple of years is well within his rights no matter how flaky you think it is.
As to the OPs complaints,
1) Noise is a police issue.
2) Dangerous neighborhood isn't a LL problem, you knew where the building was before you signed the lease.
Neither of those are legit complaints so ignoring it will be very bad. If you don't respond within 20 days here your LL can file for a default judgment and never even see a judge. Also to the ignoring the door advice that isn't how it works. If the server reasonably suspects you are home he can leave it at the door or in the mailbox and you are served.
SOL on this is 6 years here so if it happened here, and I doubt it just saying, a couple of years is well within his rights no matter how flaky you think it is.
As to the OPs complaints,
1) Noise is a police issue.
2) Dangerous neighborhood isn't a LL problem, you knew where the building was before you signed the lease.
Neither of those are legit complaints so ignoring it will be very bad. If you don't respond within 20 days here your LL can file for a default judgment and never even see a judge. Also to the ignoring the door advice that isn't how it works. If the server reasonably suspects you are home he can leave it at the door or in the mailbox and you are served.
I should have added something tongue in cheek about answering the door
SOL on this is 6 years here so if it happened here, and I doubt it just saying, a couple of years is well within his rights no matter how flaky you think it is.
As to the OPs complaints,
1) Noise is a police issue.
2) Dangerous neighborhood isn't a LL problem, you knew where the building was before you signed the lease.
Neither of those are legit complaints so ignoring it will be very bad. If you don't respond within 20 days here your LL can file for a default judgment and never even see a judge. Also to the ignoring the door advice that isn't how it works. If the server reasonably suspects you are home he can leave it at the door or in the mailbox and you are served.
I so agree. Those are not unlivable conditions, and you were aware of #2 beforehand, so it's moot. If I were you I'd either pay up or be prepared to have a judgement slapped on you if you don't show up for court (or even if you do). Then you can still pay up, or have your credit ruined. Your choice, just as you chose to break the lease.
SOL on this is 6 years here so if it happened here, and I doubt it just saying, a couple of years is well within his rights no matter how flaky you think it is.
My poor choice of words. LL should have began legal proceedings much sooner IMO, although apparently not relevant.
My old landlord from an apartment I had a couple years back is threatening to sue me over unpaid rent.
As Lovehound stated, you have a Statutes of Limitation issue. If Ontario Canada, I believe (but seek qualified legal advice none the less) may only be 24 months from discovery on unpaid monies from a rental. So exactly when did you move out and your landlord was aware you moved?
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