My wife and I purchased a home in August, 2015. We approached the LL about breaking our lease early. As I recall the office staff was very reassuring. They had a waiting list at the time and told us there wouldn't be lease break fee since they would move in a new tenant (searching for emails).
Fast forward about 60-70 days. My wife and I returned from our honeymoon and had two security deposit statements from the our former LL about a week apart. The first included statement and a refund check of nearly all of our security deposit. The 2nd had a letter stating that the first check had been cancelled, the statement, amended and we now owe them money because the new tenant had backed out.
Today (3+ years later) I received a call from a collection company. Their explanation for this 3 year period of no contact is a BK I had in 2012. But I was only a resident with them for 6 months in 2015?
Between the false info given by the office staff, the double deposit statements (the 2nd off which may have been after 31 days), and now a 3+ year period before sending collectors after us, is there anything I can we can do do get them out of out lives?
First and foremost, do not pay them a penny or you could conceivably revive the alleged debt. Anything arising out of a residential rental agreement or Oregon's Residential Landlord Tenant Act has a 1 year statute of limitations. That means, even if you did owe the debt, if they have not filed a law suit against you within one year of the debt first becoming "due", it is too late to win any lawsuit against you for that debt. It also is an unlawful debt collection practice for them to file such a lawsuit, and likely is unlawful for a collection agency to even try to collect it. So if the collection agency does not immediately drop this, consider reviewing it all with a collections attorney. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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