PDA

View Full Version : Landlord recover rental arrears over one year old nonpayment proceeding latches?


jairod89
Jan 15, 2010, 06:15 AM
Can a landlord recover for rental arrears that are over one year old in a non-payment proceeding?

AK lawyer
Jan 15, 2010, 08:55 AM
Yes.

jairod89
Jan 15, 2010, 12:24 PM
yes.

I thought that the doctrine of latches can be applied here. What do you think?

LisaB4657
Jan 15, 2010, 02:19 PM
In what way are the landlord's hands "unclean" that would make you think the doctrine of laches applies?

Fr_Chuck
Jan 15, 2010, 07:42 PM
This is merely an unpaid debt, subject to SOL, if they wait over that period to sue.

AK lawyer
Jan 15, 2010, 08:03 PM
I thought that the doctrine of latches can be applied here. What do you think?

Did you rely upon the fact that they didn't immediately hound you for the rent? Most forms of estoppel require some sort of detrimental reliance on the part of the person who is claiming estoppel.

jairod89
Jan 16, 2010, 04:55 AM
Did you rely upon the fact that they didn't immediately hound you for the rent? Most forms of estoppel require some sort of detrimental reliance on the part of the person who is claiming estoppel.

Thank you