Am I still liable for damages that occurred 5 years ago if I never received any documentation?

I moved from an apartment complex 5 years ago. I am currently trying to rent a new apartment. Now they brought to my attention that I owe that particular complex money for paint, carpet and so fourth. I never received and documentation from them, then or now. I had to give them my new address when I moved out but I guess they failed to record it. They sent all documentation to my previous address. They claim that is all they are responsible for is to drop it in the mail whether address is correct or not. It is currently taken over by collections agency, i offered to pay $450 out of the alleged $900. They denied. I am curious as to what rights I have in this matter.

Asked on September 20, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you actually owe for alleged damages from your prior tenancy five years ago for nine-hundred dollars ($900.00) depends first upon whether there has been a lawsuit filed against you and if there has been, is there a judgment or is the amount claimed simply a claim?

If no lawsuit has been filed against you for this nine-hundred dollar ($900.00) amount, most likely it is barred by the applicable statute of limitations under Texas law since more than five (5) years has passed since the alleged damages occurred.

If there is no judgment against you from your prior tenancy, you have no current obligation to pay the claim for this nine-hundred dollar ($900.00) amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.