Topic: Lease co-signed SOL FL?

[skyflyr]

Greetings,

I need to know what the SOL is for a lease that I cosigned in the state of FL? I reviewed the FL statutes, and I believe the SOL for a lease will fall under "real property"?? What I am reading is that the SOL will run out 5 years after the end of the term indicated on the lease??

Thank you for your time.

[kevinmanheim]

Were you sent a CMRRR letter, upon vacancy from the rental, that detailed the charges due?

If not, they have no claim against you. The burden of proof is upon them to show it was received by you. 

[skyflyr]

It has been a few years back already, so I will have to dig Through my records to find out. Worst case scenario is that they did send a notice CMRR. If they did send notice CMRR I still need to know if a lease is considered a contract that comes under real property SOL statutes in FL, which states 5 years after the end of the lease term. I am looking at St of FL 95.11 (2) (a)?? Is this the applicable statute, or does another apply? The SOL may only be a year away, so I need to know which SOL applies in order to make a decision, do I  awaken the sleeping dog or just try and wait out the remainder of time needed until the SOL runs out.

Should I need to, I have also read in the FL statutes where I should ask if they leased the apartment out prior to the termination of my son's original lease term, which would limit or restrict the amount they can request, or that I am otherwise liable for. This happend in a college town were my son was going to college, so with the shortage of housing there, they likely did re-lease the apartment. It might be why they have not gone after us for the amount, yet as the cosigner it is still on my credit report, and I want to get it removed. If I recall they, the Lessor, was required to first try and collect from my son, which I do not think they have given it any effort to do such.

Thanks

[kevinmanheim]

I would dispute it with the bureaus. See if it drops off.

I would then contact the collection agency and ask for validation of the debt, including a copy of the CMRRR card showing the landlord complied with F.S. 83.49(3)(a).

If they cannot provide it, and they continue to collect and/or report to the CRA's, you may have a FDCPA and FL law claims lawsuit against the CA.

 

(3)(a)  Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:


This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to  (landlord's address) .


If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

[skyflyr]

Thank you Kevin. I will try that. Do you know for sure under which SOL this falls under?

[kevinmanheim]

Thank you Kevin. I will try that. Do you know for sure under which SOL this falls under?

5 years from when you default.

[skyflyr]

Kevin,

Once ahain thank you for your replies!

Kevin, the SOL has past. Can the CA still report the debt to the CRA if the SOL has run out?

Thank you.

[CleaningUp]

Unless the debt is extinguished some how, a CA may continue to report if he owns it or has the assignment.  SOL means only that he cannot use the courts as recourse to collect on the debt.

[skyflyr]

Thank you !

[mrdoon]

Skyflyr - do you still live in Florida?  If not, or if you lived out of the state for any period of time after the lease was broken, the SOL may have been paused/tolled for that amount of time.  I found a link to an appropriate Florida Statute (95.051) - http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=statute+of+limitations&URL=0000-0099/0095/Sections/0095.051.html

Of course, I am not a lawyer so I cannot say this with any certainty... 

[Admin3496]

This is a rather old thread. One should not expect an answer.

[mrdoon]

This is a rather old thread. One should not expect an answer.

I realize that - I was just clicking around the Florida page and thought I'd share because I had been doing some research on Florida's SOL and thought it might be helpful to others who clicked on the link even if skyflyr's issue had been resolved.

[Fighting Irish]

In general, posting in antique threads is an exercise in futility.

The OP may or may not even still be checking the board.