oregon tenant/ landlord statute of limitations

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RWCanty

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Hello, can a landlord charge a tenant a late fee for late payment of rent from over 5 years ago? ORS 12.125 states:"An action arising under a rental agreement or ORS charter 90 shall be commenced within one year." Does this apply?
 
non compos mentis

Well, the answer is yes; of course he can charge whatever he wants to and there are no laws against such practice, but CHARGE is all he can do because he is not going to see or get even a red-cent from you and any attempts on his part to collect such a asinine claim shall be strictly limited to badly hand-written letters threatening all manners of adverse consequences if his claim remains unpaid.

And yes; the statue of limitation for this particular action according to that statute is one year, and to prevent mass panic and confusion by freshly licensed lawyers leading to a rash of actions against law schools for tuition fee refunds, the Oregon statute goes further to explains that this Statute of Limitations is unique to Landlord-Tenant litigation ONLY and that the 4-year plus 2-year S.O.L.s controlling Contracts litigation are still alive and well.

But should he bring an action to collect his pie-in-the-sky claim, you answer should not be a denial, but a motion for a non compos mentis hearing to decide the plaintiff's mental health (or lack of), which my guess is would be granted in your favor as soon as it is filed.

fredrikklaw
 
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