Broken Lease Statute of Limitations

[Dantana]

Jurisdiction

New York

I broke a lease in 2007 to take a job offer in another state. I was corresponding with the property manager and then correspondence stopped.

A few days ago I received documentation from a law firm representing the property manager stating that they are taking me to court and I am summoned to appear.

I have been doing some research and as far as I can tell the statute of limitations for this is 6 years and then no action can be taken, is that correct? If anyone could offer me any advice on this as well as possible steps that I should take I would appreciate it

 

[PayrollHRGuy]

Leaving the state may have paused the SOL. I suggest you contact a lawyer that practices in NY.

 

[adjusterjack]

A few days ago I received documentation from a law firm representing the property manager stating that they are taking me to court and I am summoned to appear.

What, exactly, was the documentation you got from the law firm?

Was it a summons and complaint with a court name, case number, judge or clerk's signature, delivered to you by a process server?

Something else? Describe it and quote it. Let's make sure it's not just some BS letter from a collection agency.

Your absence from the state of NY stops the SOL from running.

See CPLR 207:

2017 New York Laws :: CVP - Civil Practice Law & Rules :: Article 2 - Limitations of Time :: 207 - Defendant's Absence From State or Residence Under False Name.

 

[Dantana]

Thanks for the response. So are you saying that there is no Statute of Limitations even though it was 12 years ago because I left the state? It was not like I changed my name or contact information. They knew exactly how to reach me

 

[justblue]

Thanks for the response. So are you saying that there is no Statute of Limitations even though it was 12 years ago because I left the state? It was not like I changed my name or contact information. They knew exactly how to reach me

Doesn't matter...When you leave the state it stops the SOL. Remember the priests that molested children in Boston?...Some of them were able to be tried decades later because they left Massachusetts.

 

[Dantana]

Yes, I agree with you when it comes to criminal charges such as that, The statute of limitations does not come into play as much. There have been instances where crimes committed 20 years ago were solved due to new crime solving methods like dna comparisons and the person would be convicted.

I looked all around and everything is saying 6 years unless it's a criminal charge where the person left the state and there was a s warrant on them.

I'm not doubting you I just want to have all my ducks in a row before I move forward. Is there a link to a statute that states the pause on SOL for breach of contract on a lease. I did not really see anything concrete with your link.

Sorry if I'm being a pain. I really do appreciate all the help

 

[PayrollHRGuy]

207. Defendant's absence from state or residence under false name. If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes into or returns to the state. If, after a cause of action has accrued against a person, that person departs from the state and remains continuously absent therefrom for four months or more, or that person resides within the state under a false name which is unknown to the person entitled to commence the action, the time of his absence or residence within the state under such a false name is not a part of the time within which the action must be commenced. If an action is commenced against a person described above, the time within which service must be made on such person in accordance with subdivisions (a) and (b) of section three hundred six-b of this chapter shall be computed in accordance with this section. This section does not apply:

1. while there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom a summons may be delivered within the state with the same effect as if served personally within the state; or

2. while a foreign corporation has one or more officers or other persons in the state on whom a summons against such corporation may be served; or

3. while jurisdiction over the person of the defendant can be obtained without personal delivery of the summons to the defendant within the state.

 

[adjusterjack]

It was not like I changed my name or contact information. They knew exactly how to reach me

If you can prove that you may be able to raise "laches" as an affirmative defense.

Laches (equity) - Wikipedia

Still isn't going to stop the lawsuit. Nothing stops a lawsuit from being filed against you. Once that happens you raise appropriate defenses.

But you still haven't answered my questions.

 

[zddoodah]

I broke a lease in 2007 to take a job offer in another state.

When did you leave the state of New York (month and year)? Did you return to the State of New York at some point? If so, when did that happen?

I have been doing some research and as far as I can tell the statute of limitations for this is 6 years and then no action can be taken, is that correct?

You're correct about the statute of limitations. However, the expiration of the statute of limitations does not preclude the filing of a lawsuit. If you believe the statute of limitations has expired, you must plead and prove that when you respond to the complaint. Also, the statute of limitations likely stopped running while you were out of the state.

So are you saying that there is no Statute of Limitations even though it was 12 years ago because I left the state?

No one said that. Did you read the statute to which "adjusterjack" provided a link?

Is there a link to a statute that states the pause on SOL for breach of contract on a lease. I did not really see anything concrete with your link.

Ummm....the statute cited doesn't specifically mention contracts and leases because it applies to any civil cause of action. Otherwise, and while the statute is phrased in somewhat archaic terms (like a lot of New York laws), it could hardly be more clear and concrete.