mattandallismom Posted March 18, 2007 Report Share Posted March 18, 2007 I posted this in another section with only 1 reply! I'm freaking, please help!What is the statute of limitations for a landlord to sue over a breach of lease in Ohio? I contacted a credit agency on Wednesday to inquire about a 79.00 medical bill that was appearing on my credit report. The CA called me back and said that the bill was not mine and they would remove it from my credit report but I owed 3300.00 from a lease I co-signed and broke in 2001. The apartment manger released me from my lease ( of course I don't have a written agreement stating that). She said that she would send me a bill to pay within 30 days or I will be reported to the credit bureau. What is the time frame allowed by law for such an action? Can I be sued for this? I was never sent anything stating I owed this debt. When I asked the woman at the CA why I never heard of this debt prior she said I was sent notices by them but at the address I vacated. That makes no sense I gave my new address to the rental company. Trust me I filed a chapter 13 in 2002 and if I knew I was going to be liable for this I would have included it in my filing. I can't find anything online. Thanks for your help! Link to comment Share on other sites More sharing options...
IHateCAs Posted March 18, 2007 Report Share Posted March 18, 2007 15 years in Ohio I think. Link to comment Share on other sites More sharing options...
shan2themax Posted March 18, 2007 Report Share Posted March 18, 2007 It is 15 years for contracts in writing Ohio Revised Code §2305.06http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORCgo to this link and then search 2305.06 Link to comment Share on other sites More sharing options...
nascar Posted March 18, 2007 Report Share Posted March 18, 2007 1310.52(A) An action for default under a lease contract, including an action for a breach of warranty or indemnity, shall be commenced within four years after the cause of action accrued. By the original lease contract, the parties may reduce the period of limitation to not less than one year.The lease might be covered by Ohio's UCC. The following defintion leaves the door open for that;1310.01(5) "Consumer lease" means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 19, 2007 Report Share Posted March 19, 2007 Nice work nascar. I'll check out the annotateds tomorrow if I have time and see if they have anything on point. I don't see why that statute wouldn't apply. A home/apartment lease is no different than a car lease and fits that definition. Link to comment Share on other sites More sharing options...
mattandallismom Posted March 19, 2007 Author Report Share Posted March 19, 2007 Thanks so much! I also came across the same information in the ORC but it's so confusing. I can't imagine it would be considered a contract in writing and be as enforceable as a 30 year real estate loan. If that was the case and you rented a hotel room in ohio (which I would consider to be similar) you could be held to a lawsuit for 15 years. Another thing that seems very odd is that they had my forwarding address, SSN, and my work place information but didn't file any lawsuit at the time. It all sounds fishy..I'm still waiting on the letter and information from the CA she promised she would mail out on Wednesday. Link to comment Share on other sites More sharing options...
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