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    jairod89's Avatar
    jairod89 Posts: 3, Reputation: 1
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    #1

    Jan 15, 2010, 06:15 AM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 15, 2010, 08:55 AM

    Yes.
    jairod89's Avatar
    jairod89 Posts: 3, Reputation: 1
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    #3

    Jan 15, 2010, 12:24 PM
    Quote Originally Posted by AK lawyer View Post
    yes.
    I thought that the doctrine of latches can be applied here. What do you think?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jan 15, 2010, 08:03 PM
    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.
    jairod89's Avatar
    jairod89 Posts: 3, Reputation: 1
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    #7

    Jan 16, 2010, 04:55 AM
    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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