by darrick34 » Sun Jul 29, 2012 2:10 am
They are well within any statute of limitations for IA. They might have accepted the security deposit as liquidated damages for the rent you did not pay that you were obligated to under the terms of your lease, instead of holding you to paying all the rent until they could re-lease the house. Just leaving voluntarily and giving notice does not release you from the debt obligation.
Beyond that, you are also responsible to repair or pay for repair to any damage you may have caused, excluding normal wear and tear. It is unusual that it took them this long to come after you for the damages, and that will work against them.
If they sue you (and they can), they will need to provide evidence of the damage before it was repaired (photos), and receipts for the repairs. Those receipts should be dated very closely to the time you moved out.
If it were me, I would ask them to send me copies of the photos of the damages, and copies of the date receipts for the repairs, so I can provide those to my attorney for review. That will probably be enough for them to just drop it, especially if they are trying to scam you.
If they do sue because you have decided that you did not cause any damage and left the home clean and in a rentable condition, and thus are not paying, they will have to provide this same evidence to the court and also explain why it took them this long. Hopefully it is not because you did not leave them with a forwarding address when you left, because that would be a good excuse for them.