Legal Question in Civil Litigation in California

Relative has not paid rent over several years ~ how can I get a form or is there a form to demand back rent from years ago??


Asked on 12/25/09, 1:10 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You can serve a three-day notice to pay or quit, but you can only go back a year. If there had been an oral agreement to pay rent, you can sue for breach of contract and go back two years. If a written agreement, then four years for breach of contract.

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Answered on 12/30/09, 1:19 am
Terry A. Nelson Nelson & Lawless

A 'form'? No.

If you have a valid claim for rent from someone, then you can either resolve the problem among yourselves, or you could bring legal action for eviction and collection. Such breach of agreement claim would have a 4 year statute of limitation if based on a written contract, or 2 years on an oral contract. If serious about getting legal counsel to represent you in taking action, and if the amount in controversy is enough to justify doing so, feel free to contact me.

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Answered on 12/30/09, 12:08 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

What was the rental value? How long was the premises occupied? Are there any assets or wages to attach? Contact me directly.

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Answered on 12/30/09, 3:11 pm


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