Statute of Limitations Barred Owner’s Back Rent Claim

December 21, 2012
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Facts: An office building owner continued to accept rent from a tenant after its lease was over. The lease provided that the owner could sue the holdover tenant for liquidated damages if it failed to surrender the space when the term ended. Several months later, the owner sent a “Notice to Surrender and Pay Rent,” to the tenant, terminating the holdover tenancy and ordering it to move out. The owner also informed the tenant that he owed back rent, but didn’t provide a breakdown of the alleged charges.

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