QUESTION
Sued for late fees after left rental property, but no demand was made while in the house.
Asked on Oct 03rd, 2013 on Real Estate - Colorado
More details to this question:
I rented a house for 10 years. About 3 weeks after I moved out (with proper notice), I was served with a lawsuit for the statutory maximum in Colorado for being "consistently late on lease payments for 10 years and has not paid late fees as agreed to in said lease". I reviewed my bank statements. In 10 years, I missed the first of the month 18 times, but those 18 occurences were on, or before, the third. (There's nothing in the lease about a grace period.) In 10 years, my landlord never once asked for late fees (neither verbally, written, or electronic). I have 3 questions: 1) Does he have the right to sue for something he never demanded?, 2) Is there any implied grace period on contractual payments, and 3) Isn't the statute of limitations on recovering damages 7 years?
1 ANSWER
3 Awards
Your landlord will not likely be allowed to recover late fees which he never demanded and continued to allow you to maintain possession. This is generally governed by the equitable concept of latches.
There is no implied grace period.
There is a statutory limitation but the issue will be when did the statute begin to run.
If your landlord has initiated suite you should consider having a free consultation with a an attorney to discuss the specific facts of your case. There is a likelihood that you should counter sue for the costs of your defense of this frivolous claim.
If you would like to call my office ask Michelle to schedule with Don, reference this email, 303-688-0944.
Answered on Oct 04th, 2013 at 3:41 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.