Q: How long do I have to pay a past due rent invoice before they can take me to court?
I moved out of my rental after receiving a pay or vacate notice for past due rent. I just received the invoice for what is due and I keep getting texts from the old landlord that I "need to be looking over my shoulder" when it comes to paying her. How long do I have to pay before she can legally file a lawsuit?
A: She can sue you anytime she wishes, up to 1 year after the amount first became due. That said, you have no obligation to cooperate with her, such as by providing new contact information to her to help her find you. Then there is the potential issue of her applying any security deposit towards the amount(s) due. Regardless, she must either refund or provide a written accounting for why she is keeping any part of your security deposit within 31 days of your restoring possession to her. THAT may be a reason for you to be sure that she has an updated address to mail it to you (it can be care of a friend, a PO Box, etc.). Finally, you may well be able to stop her collection harassment text messages, etc. under Oregon's Unfair Debt Collection Practices Act or, if it applies, the Federal Fair Debt Collection Practices Act. You may want to review everything with a local collections attorney to learn your rights and obligations. Good luck.
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