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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10863
Experience:  Commercial and residential leases in NY & NJ & US
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Is there a statute of limitations re having been illegally

Customer Question

Is there a statute of limitations re having been illegally evicted (after death of spouse , elderly, grieving and exhausted. Unable/uninformed to fight back at time. ). She said wasn't paying enough rent (after)! But never discussed and was able to pay more).
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Delaware
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No lease. Had been there over a decade. I was payer in down payment, understood it was contingency deed. Turned out daughter was owner and I wasn't on the deed. She wanted to sell. My husband and I understood I would live there as long as capable of independence. Now living independently in another state with low rent but could have paid double what was paying. Other forms of financial exploitation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They put me in their home, was ill treated. Used my. ( Clean) credit card and ran up $10,000. On it. --/that is why I now need to live where very affordableble rent and relatives nearby. Credit card payments have averaged $400. Mo. Am on SS. They essentially impoverished me.
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 12 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Normally a wrongful eviction from a tenancy would be considered a contract claim and Delaware has three year statute of limitations on such claims regardless of whether the lease is written or oral. If the eviction happened more than three years ago your claim would be barred by the statute of limitations.

You say you were purchasing on a contingency deed. That again would be a breach of contract claim that would have the same three year statute of limitations.

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