Statute of Limitations

[iwanow]

What is the name of your state? Colorado

How long do renters have to sue a landlord for a deposit or make any other claim against a landlord?What is the name of your state?What is the name of your state?What is the name of your state?

 

[ENASNI]

http://www.courts.state.co.us/chs/court/forms/faq.htm

Google is your friend.

 

[iwanow]

Thank you!!

 

[ENASNI]

Thank you for your thank you, we don't get those much around here.

 

[BL]

I stole this from a Poster on a FA rely :

http://www.googleityoumoron.com

Not withstanding insults :

 

[ENASNI]

I stole this from a Poster on a FA rely :

http://www.googleityoumoron.com

Not withstanding insults :

I LOVE IT... thanks Sir Blonde.. how you doin' ?

 

[iwanow]

Ha ha. That website didn't fully answer my question.

Is the statute of limitation one year from the date of lease expiration or is it one year from the mailing of the letter stating why the security deposit was withheld?

The property damage piece -- the landlord has three years to sue for damages but the tenant only has one year? Can the tenant countersue to the landlord's lawsuit for damage payment beyond the security deposit?

If there are two landlords and one landlord pursues a lawsuit against the former tenants, can the other landlord be held liable too? IF so, is there any way for the non-lawsuit pursuing landlord to protect themselves?

 

[ENASNI]

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Whoa... ya got me a little dizzy there buddy. You really should have kept your posts together as well. I had to take a peek at the other thread you started to get the jist of this.

I got this from your other post

Question 1: I am selling my remaining portion of the townhouse to my business partner. She is willing to allow me to be free from all future liability regarding the townhouse, however, not with past tenants. Is this what typically occurs? What do I need to do to gain freedom from liability?

Quesiton 2: Once she owns the entire townhouse, she plans to sue former tenants for losses incurred beyond their deposit. She is willing to write into our sale agreement that I will be held harmless and nonliable for anything that occurs in regards to this lawsuit, however, I read somewhere that because I was the original landlord, it does not matter what is written into an agreement. Is this true? Will I be held responsible for her choice in action of suing former tenants and a possible countersuit by the former tenants even if it is written into our agreement?

I am still not sure I have it all yet. The timeline especially. So you withheld the Security deposit on former tenants, they did not put up a stink... yet. Now your ex- partner wants to sue for damages above and beyond the SD. ( Do I have it so far?)

Well I will go on as if I do. So now you are wondering if the ex-tenants can countersue, right? Of course they can. Now you want to make sure you are not going to be hurt if they do and if they win, because you are selling your half of the townhome?

That is a good question.

however, I read somewhere that because I was the original landlord, it does not matter what is written into an agreement. Is this true?

Okay let me rant and rave a bit. I HATE WHEN I READ THIS... " I read somewhere" What is that garbage? Where did you read it? If you read it you read it and can quote it word for word for me and its origin.

She is putting herself down on the paperwork as the plaintiff, correct? She was part owner/landlord at the time of the tenants?

I don't know how they would hold you liable, only she would in another judgement if she so decided to do so.

If I am wrong, trust me... someone will come along and tell me. I am better at landlord/tenant issues than what this is: small claims court, but I can find myself out of one if it was burning down.

 

[iwanow]

You got it! Yes, she is buying me out and wants to sue our past tenants for money beyond what covered in the security deposit. I want a clause in our buyout agreement stating that she is responsible for all damages including a countersuit if she choose to pursue a lawsuit against them. Thing is, she says that she cannot control what happens if they countersue both of us and states that we cannot add that clause into our buyout agreement. Is this true?

How does it typically work -- do ex-partners remain liable for past tenants even when they have been bought out by the other partner?

As far as timeline. We have withheld the tenant's security deposit for 10 months from the termination of their lease, however, we sent the past tenants the remaining bill and letter explaining the security deposit withholding 60 days after the termination of the lease (in compliance with the lease). My question is: What would count as the year timeframe for the tenants to pursue a lawsuit against my partner and I for withholding their security deposit (one year from the termination of the lease vs. one year from the letter stating the withholding)?

Thanks for your time and response!

 

[ENASNI]

You got it! Yes, she is buying me out and wants to sue our past tenants for money beyond what covered in the security deposit. I want a clause in our buyout agreement stating that she is responsible for all damages including a countersuit if she choose to pursue a lawsuit against them. Thing is, she says that she cannot control what happens if they countersue both of us and states that we cannot add that clause into our buyout agreement. Is this true?

How does it typically work -- do ex-partners remain liable for past tenants even when they have been bought out by the other partner?

As far as timeline. We have withheld the tenant's security deposit for 10 months from the termination of their lease, however, we sent the past tenants the remaining bill and letter explaining the security deposit withholding 60 days after the termination of the lease (in compliance with the lease). My question is: What would count as the year timeframe for the tenants to pursue a lawsuit against my partner and I for withholding their security deposit (one year from the termination of the lease vs. one year from the letter stating the withholding)?

Thanks for your time and response!

I would gander a guess ( a guess mind you) that year would be from the time the tenant was informed that he was not receiving his security deposit. This is a moot point however.

If your ex-partner starts the case, the statute of limitations does not apply for a countersuit.

If they were to countersue, I would think they would have to fill out papers on the plaintiff only, where would they get the idea that you had any suit against them? Only your ex-partner would want to get you to pay anything and that is what I mean about her turning around and trying to sue you.