What to do if a landlord fails to notify a past tenant of alleged damages within the 45 day limit?

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What to do if a landlord fails to notify a past tenant of alleged damages within the 45 day limit?

I was a tenant for 12 years. My landlord died and his son inherited the house. He no longer wanted to rent to me. Then  72 days after moving out, I received a letter from his attorney asking for $9000 for damages. Some of the damages were there when I moved in and the other “damages” were normal wear and tear of the house. When I questioned his lawyer about the amount of time that went by before being notified, I was told that they didn’t know where I currently lived. Bit they knew my phone number and also knew where I was employed. So it’s bull that they couldn’t find me.

Asked on April 30, 2011 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well they found you eventually so maybe they just took their time about it.  But they are within their time to sue for property damage if they have a case.  Did you take pictures before you left the house? Or have witnesses to the condition, maybe that helped you move?  Anything in writing that indicates that certain damages were there before you moved in as you say?  You need proof to combat their claims.  The normal wear and tear should be excluded from the suit.  You will need a breakdown of the claims from the attorney but I would consider speaking with someone here.  This is a very big amount to be sued for.  Good luck.


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