Time frame to claim for damages on rental property

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Britta

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For the purposes of this question, I am not inquiring about a security deposit, but charges above and beyond a security deposit.

After the lease has been fulfilled and the tenant has moved from the rental home, how much time does the landlord have to make a claim for further damages?

We paid through the end of July 2010, though we moved in the middle of that month with a walk through at the time of surrendering keys. The landlord at that time was verbally listing off a lot of wear and tear as well as items that they never fixed. We verbally disagreed with them, listing everything that we had fixed or replaced on our own dime (like repair of garage door electrical system, hired electricians for faulty wiring in the home, replaced a non-functioning dishwasher with an upgrade which we left behind) and had some proof of other things via pictures or statements from their own family who happened to be present during the walk through. They verbally stated their thought that it would cost $X to rent this place again, we disagreed with their accounting. They refused to sign a receipt for the keys, or give us anything in writing about the walkthrough.

It is now September 2010, and although they have our cell phone number, a forwarding mail address and our emails, we've heard nothing from them. Has enough time lapsed now to just consider the matter closed?
 
More than likely, yes.
If the landlord was going to make a big deal out of things, something would have occurred by now.
But, you never know.
Keep your eyes and ears open.
 
Yes, but I would still hold on to the receipts and evidence you have to prove your side. The form you were supposed to be sent for California it's called a "Security Itemization Form." You can always call your local court and inquire. By now they have waived any damages by not sending it to you and would also not be entitled to any of the security deposit. However, anyone can file a case. But once the judge sees they failed to follow the law, they would be unable to recover any damages.
 
Yes, but I would still hold on to the receipts and evidence you have to prove your side. The form you were supposed to be sent for California it's called a "Security Itemization Form." You can always call your local court and inquire. By now they have waived any damages by not sending it to you and would also not be entitled to any of the security deposit. However, anyone can file a case. But once the judge sees they failed to follow the law, they would be unable to recover any damages.

The OP is in Florida, not California. I do agree that they should keep all evidence they may have though, because you never know. The LL could be trying to buy his time hoping you feel the matter is long behind you where that you don't keep all the records that you have, and right before the statute of limitations expire, file the suit, hoping you will have no proof anymore, thus just not show so the LL would win by default. I have actually seen this happen so it is not as bizarre as it sounds.
 
The OP is in Florida, not California. I do agree that they should keep all evidence they may have though, because you never know. The LL could be trying to buy his time hoping you feel the matter is long behind you where that you don't keep all the records that you have, and right before the statute of limitations expire, file the suit, hoping you will have no proof anymore, thus just not show so the LL would win by default. I have actually seen this happen so it is not as bizarre as it sounds.
When does the statute of limitations expire?
 
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