Legal Question in Landlord & Tenant Law in California

security deposit

in california, how long do i have to sue my landlord for the security deposit?


Asked on 6/23/09, 11:53 am

1 Answer from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: security deposit

California Civil Code section 1950.5 deals with security deposits generally.

There are various statute of limitations, including on written contracts (generally a 4 year statute of limitations), oral contracts (generally a 2 year statute of limitations), etc.

However, no one should rely on an answer on LawGuru as legal advice, because, among other things, it depends on all the circumstances. Things such as and among others, was it an oral or written lease; was there a subsequent agreement regarding the return of deposit; was the money returned to the wrong address (or direct deposited to the wrong account); do you have other claims that might expire sooner; might the landlord declare bankruptcy before you decide to sue or are able to collect; does the legal defense of laches apply if you wait longer to file suit; etc.

I know the question is simple, but it truly depends on many factors and it would be unwise for any attorney to tell you that you had X amount of time without knowing more. Thus, pursue your rights without delay.

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Answered on 6/23/09, 3:44 pm


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