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-   -   Landlord recover rental arrears over one year old nonpayment proceeding latches? (https://www.askmehelpdesk.com/showthread.php?t=435485)

  • Jan 15, 2010, 06:15 AM
    jairod89
    Landlord recover rental arrears over one year old nonpayment proceeding latches?
    Can a landlord recover for rental arrears that are over one year old in a non-payment proceeding?
  • Jan 15, 2010, 08:55 AM
    AK lawyer

    Yes.
  • Jan 15, 2010, 12:24 PM
    jairod89
    Quote:

    Originally Posted by AK lawyer View Post
    yes.

    I thought that the doctrine of latches can be applied here. What do you think?
  • Jan 15, 2010, 02:19 PM
    LisaB4657
    In what way are the landlord's hands "unclean" that would make you think the doctrine of laches applies?
  • Jan 15, 2010, 07:42 PM
    Fr_Chuck

    This is merely an unpaid debt, subject to SOL, if they wait over that period to sue.
  • Jan 15, 2010, 08:03 PM
    AK lawyer
    Quote:

    Originally Posted by jairod89 View Post
    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.
  • Jan 16, 2010, 04:55 AM
    jairod89
    Quote:

    Originally Posted by AK lawyer View Post
    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

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