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Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, it may take several years to diagnose physical symptoms as having resulted from medical malpractice, or to discover a financial planner's embezzlement due to the issuance of false statements of account.
The "discovery rule", the statute of limitations begins to run when the injured person discovers, or should have discovered, the existence of the cause of action.
Glad you're back online, I have few new questions to address?
I had sent the letter to my landlord re CAM charges advising them of legal actions that I might take in order to resolve the matter and on the deadline date which was Aug 14, landlord called asking for me and telling me that I'm not on the lease and would not give out any info, pls see the thread with Dimitry. I'm waiting till I find a good representation and we evaluate the risks and possible outcomes of the suit we might file for not full filling the lease obligations. However, yesterday I received a notice form the court to appear for a trial (09/11) for non-payment of august rent, which was paid on time, but not in full due to honest mistake. What would you recommend to do?
1. Contact the landlord, and how via email, phone call, in person, certified mail? since the rent was paid on time ( the 10th of the each month) and the mistake has been corrected within one week on the 16th), but the court notice is dated by 08/14?
Thank you and will be anxiously waiting for an advice.
It appears so, the rent was due on the 10th, and the check was dropped off on the 10th, then when I went to drop off the real estate tax check luckily I forgot the exact amount and asked to remind me of the total, so that's how I discovered the mistake I've made with the rent, and corrected immediately by paying the entire outstanding balance for August.
Well that was my question should I contact the LL (property manager) directly to address the issue? since I don't know the attorney and how?
via mail or phone call should be enough?
But everything has been paid already, on the August 16th!
and the lease allows once a year a waiver of late fees due to honest mistake.
they do have an argument to go to the court?
no it does not, it is fixed date
I have no idea how I confused the amount, I'm usually really careful with that but I wrote the check which was couple of hundred dollars short (real honest mistake)
unfortunately right before I ran out to drop off he check I looked the total amount from the file and got it from the wrong invoice
I sure can, I looked it up from the letter from the LL saying the new CAM and effective march 1, 2013 my rent such and such
but I forgot that the base rent went up in June and relied to that sataement
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