Rental Question

[Coach60]

Jurisdiction

Texas

My daughter graduated from the University of North Texas in 2012. She rented an apartment during those last two years. This week, four years after moving out, a debt collector called and demanded her to pay $1200 for having to replace the carpet 4 years ago!!! (She did not get her security deposit back because they said that it needed a professional clean...not a mom cleaning it!!) Can a landlord do this after 4 years?

 

[army judge]

My daughter graduated from the University of North Texas in 2012. She rented an apartment during those last two years. This week, four years after moving out, a debt collector called and demanded her to pay $1200 for having to replace the carpet 4 years ago!!! (She did not get her security deposit back because they said that it needed a professional clean...not a mom cleaning it!!) Can a landlord do this after 4 years?

Sure, debt collectors (the one that is hounding your daughter) can pester you 20 years after the fact.
That, however, isn't legal.
The TX AG can assist you IF you wish to complain about the debt scammer:
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Consumer Protection - Debt Collection
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If she lived with roommates, you might wish to check with the roomies.
Why?
To determine if one of them reset the SOL, or caused same to be reset.
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The statute of limitations on debt for residents of the State of Texas is four (4) years. In Texas, this refers to oral agreements, written contracts (car loans, installment loans), promissory notes and open accounts (such as credit card credit lines).

The SOL for property damages is only two years.

When does the clock start on the four (or two) year statute of limitations?

Texas state laws are more consumer friendly than most states where the statute of limitations starts after the account has been charged off.

In Texas, the Statute of Limitations clock starts on the day the last payment on the account was made. This is often referred to as the 'date of last activity' or DLA.

Example: If the last payment on a credit card was made on January 1, 2005, then the statute of limitations for legal action on the account would expire on January 1, 2009. On January 2, 2009, the debt no longer carries a legal obligation to pay.

 

[adjusterjack]

My daughter graduated from the University of North Texas in 2012. She rented an apartment during those last two years.

What month in 2012 did she move out?