What is the name of your state? Florida
Our Florida Corp entered into a lease for retail space in April 2003. We defaulted on our lease due to failure to pay the monthly rent on May 1, 2005 (May 3rd is the default date according to our lease). Additionally there were some accrued payables for real estate taxes and additional CAM fees for the previous year. On July 27, 2005 a new LLC bought the shopping center and became the new landlords and subsequently turned over the management to their own property management company. We still had not paid May, June or July 2005 rent. This was stated in the Estoppel filed during the real estate sale process. Neither the new management company or owners sent a notice of default, demand for payment, or notice to vacate to us during August or September. On September 29, 2005 we sent a certified letter to the management company stating we would vacate the premises on October 15, 2005, which we did. We relinquished our security deposit, and left the unit completely cleaned and vacuumed-in rentable condition (far better shape than when we took possession.)
The corporation was involuntarily dissolved due to nonpayment of State Corporation Filing Fees on 5/1/2006.
The Florida Statutes of Limitations reads:
"Contracts: Written, 5 years; Oral, 4 years. Actions for specific performance must be commenced within one year."
"Accrual of Claims"
"A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered."
The management company filed a Civil Suit (I think for approx $45,000) against the sole owner of the corporation, who had also personally guaranteed the lease, and the corporation on May 16, 2006. The processor has tried to contact her, but has not yet served her the summons.
Based on the above information, my question is this:
Can I file a motion to dismiss the case due to expiration of Statute of Limitations? My argument is as follows:
The claim began to accrue (injury was suffered) as of May 3, 2005, the actual default date, and they failed to file the suit within the one year date which ended May 2, 2006?
Any bonafide assistance/response to this is greatly appreciated!
My email address is as follows: [email]firstname.lastname@example.org[/email]What is the name of your state?