Legal Question in Landlord & Tenant Law in California
I signed a promissory note under duress ( 3 days notice to pay or quit) for back rent going back for the last for 4 years because i paid some of my rent in cash which the landlord denied receiving it. A month later, when i threatened to file a lawsuit for fraud, the landlord told me not to worry about it but he did not admit to the fraud. Is the fraud still enforceable in a court of la law if i decide to take action ? it happened two years ago. Thank you
2 Answers from Attorneys
That was foolish of you. A three day pay or quit notice can only be based on rent for the past year, not four years.
The statute of limitations in California to sue for contractual fraud is three (3) years. But that does not meant that I agree that you have a case for fraud, or even a very good case at that.
I don't think you have a very good case for fraud. I am not sure you would obtain the results you are looking for. The statute of limitations in California is 3 years to sue for contract fraud by the way. Not sure if from the facts you have given me though that this is something worth pursuing. Sorry about that, just my opinion. Maybe another lawyer has a better opinion.
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