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statute of limitations for back rent?

Date: Fri, 02/27/2009 - 14:58

Submitted by drjonah
on Fri, 02/27/2009 - 14:58

Posts: 244 Credits: [Donate]

Total Replies: 3


Not for me, my sister's boyfriend recently got sued by his old landlord for back rent from 2001. This seems rather odd for this landlord to come back all these years later for back rent.

So basically my question is if there is any statute of limitations on rent. They live in Wisconsin.


Did he sign an agreement to pay? If not then it would probably fall under an oral agreement in his state which is 6 years. That means that he can't be sued and the case can be dismissed.

If it is under contract, the same applies, 6 years. For a promissory note, the SOL is 10 years. So unless he wrote or signed a letter saying he promises to pay then it will not apply.

Is this case still in litigation or has a judgment been granted? He will need to bring this up in court to get it dismissed. If a judgment has already been entered then he will need to motion to vacate it and then motion to dismiss because it is time barred.


lrhall41

Submitted by pokertramp on Fri, 02/27/2009 - 15:05

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OK...was there a lease? If so, then it would fall under the 6 year SOL and....WI has a 6 year Statute of Repose which extinguishes the debt upon expiration of SOL. Since it has been 7+ years, the debt no longer exists.

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=ch.%20807

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.


lrhall41

Submitted by NASCAR_Devil on Fri, 02/27/2009 - 16:53

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I have a rent controlled apt in NY by succession rights, the landlord refused to give any leases to tenants, I was presented with a bill 14 years ago for back rent for about $1,000 now there is a new management company who has sent me a bill for over $2000. I never received any explanation for this bill even though I requested it many years ago. I am assuming its some missing rent my father forgot to pay. Do I owe it now? I live in NY. can u advise me?


lrhall41

Submitted by on Tue, 11/02/2010 - 04:32

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