RPA Tenant Rights Blog » Landlord Problems » Can a past landlord sue me when there was never an eviction?

Can a past landlord sue me when there was never an eviction?

By kat

I have been moved out for almost a year on a 30-day notice to quit and we moved within that 30 days.  We had a problem paying rent on time due to unemployment.  I have since acquired a very secure job.  Now, we have received a notice from a collection agency saying we owe over $11,000 to this past landlord!  They are trying to collect for treble daily late fees of $120/day for when we were slow paying.  I know that Utah does not allow for treble damages unless there was an eviction notice and we stayed past the 3 days (unlawful detainer), however, there was no 3-day eviction notice, no court filings, no judgments.

What statute or law can I quote when I dispute this alleged debt?  Does anyone know if there is a maximum late fee a landlord can charge per month or per day for late or slow pay on rent, regardless of what the lease agreement says?
Any assistance to pointing me in the right direction would be greatly appreciated!
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Edited on: Tuesday, June 11th, 2013 10:08 am
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