Legal Question in Landlord & Tenant Law in California

If a past Tenant says they are going to Sue you for return monies of deposit, how long do they have to process this through small claims court.

Asked on 6/27/10, 4:11 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If you had a written contract with the tenant they must file suit before 4 years from the date the deposit should have been returned, 2 years for an oral agreement or switch from a lease to a month to month tenancy.

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Answered on 6/28/10, 7:29 am

I disagree with Mr. Shers. Unless the entire agreement was oral, they have 4 years on any issue to file suit, and then five years to bring the case to trial.

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Answered on 6/28/10, 9:27 am

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