Legal Question in Landlord & Tenant Law in California

Landlord/ tenant laws

How long after a tenant moves out....can the landlord come back and sue them or take them to small claims court


Asked on 6/16/09, 1:13 am

1 Answer from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Landlord/ tenant laws

In California, the statute of limitations (time limit on pursuing a legal remedy) is 4 years on a written contract and 2 years on an oral contract. However, a statute of limitations can be tolled (placed on temporary hold) for various reasons (e.g., wrongdoer left jurisdiction or filed for bankruptcy). Thus, if it was a written lease and the tenant has remained in California and has not filed for bankruptcy, probably 4 years (from the date of the wrongdoing, which may not be the same as the date the tenant moved out). However, do not wait to assert your rights -- exceptions to every rule abound (and some judgments earn 10% interest). Do not delay; take action today. I am not far from Arcadia, so give me a call and we can discuss (free consultation).

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Answered on 6/16/09, 2:35 am


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