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Property Damage Statute of Limitations/Lawsuit?

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randall103

Junior Member
What is the name of your state (only U.S. law)? Texas

For over 2.5 years, I have been dealing with an apartment complex/collection agency and have finally gotten some resolution and am wondering what might happen next, if anything.

I moved into an apartment in June 2006 and renewed it for a year in June of 2007. About a month before my second lease was up(I was moving), water started dripping above the shower into my apartment. I notified the office and was told it would be taken care of. A few days later it happened again, and I once again notified the office. No one ever showed up. The dripping kept getting worse and worse to the point where it was peeling the paint off the ceiling and sagging. I finally told one of the maintenance men directly and he said that they would get to it. No one ever showed. This complex was a dump to begin with so it does not surprise me the maintenance men never did anything. Once I moved out of the apartment, in July 2008 I got a letter from the apartment complex stating I owed over $3500 in unreported damages. I immediately disputed this with the apartment complex and never heard another word from them. Turns out, they forwarded it to a collections agency with whom I have been dealing with for over two and half years to get removed. Finally, after many complaints to the credit bureaus, and after complaints with the BBB, the Tennessee Attorney General's Office, and the Texas Attorney General's Office, the collection agency has opted to abandon the case and remove the collection from my credit reports and return it to the original client (the apartment complex).

My question is that is there any possibility that the apartment complex could try and sue me for this since they are getting the case back? The statute of limitations in Texas for property damage is two years, which has passed. I have tons of documentation of every letter to the apartments and the CA along with signed proof of delivery for every letter. I don't take any chances with this sort of thing. I get Certified/Return Receipts on every thing I send regarding this.

I am just curious if there is any possibility that I might get sued by the apartment complex. Since the CA has had the case since late 2008, would the apartment complex have any loopholes with the SOL.

Much Thanks.
 



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