Statute Of Limitations

[Wren]

Last week I received notification from a debt collector(who did not specify himself as such) regarding a rental my now ex-boyfriend and I had in 2005. I left the apartment two months before the lease was up, to attend school, and my boyfriend assured me he would pay the rent, bills and move his stuff out once the lease was over(I had already moved my stuff out to another location). I found out from the "debt collector" that we had been evicted only one month after I moved out(although my ex moved out before any legal action had been taken), that NO rent was paid for the remainder of the lease and the apartment was left a disaster. I had no idea about any of this! My ex is now incarcerated in Washington State and I have not had any contact with him in years. I failed to remove my name from the lease when I left because, well, I thought he was trustworthy and honest. The debt collector made many untrue accusations, telling me I had a bench warrant for my arrest, amongst other things. I looked into the county I lived in at the time(Ventura, CA) and found no legal action had been taken whatsoever, and that this collector was only trying to scare me. Is there a statute of limitations for owing money on a rental agreement? What are my rights as a tenant sharing a lease agreement with someone who is incarcerated? In the worst case scenario, what could the debt collector legally do or have done to me? And do you have any recommendations? Thanks so much for your help and assistance!!!

[Arne]

Hi there. Sorry to hear about your unfortunate circumstance. As you signed the lease, you can be held accountable for the rent, and the condition of the apartment, whether you moved out or not. Your action, then would be against your ex boyfriend for damage he may have caused to the premises. As far as the staute of limitations, i am not sure what it is in CA, as I am in NY, however, it would probably be based in contract, which is 6 years in NY. google contract statute of limitations in CA for your answer there. The fact that your ex is now incarcerated may be of little legal consequece to you. the debt collector can do anything to legally collect, but it they sue you, you must have due process, in other words you must have notice of the suit. Its a tough situation for you. perhaps you should consult a local lawyer for help, as the laws may be different in your jurisdiction. either way..good luck