Legal Question in Landlord & Tenant Law in California

You still have the right to collect in a breach of contract lawsuit. But you cannot evict the tenant because of the unpaid rent from more than one year ago. Of course, if the failure to pay rent is ongoing or has been sporadic during the past year, you may seek back rent for a period of up to one year and possession of the property in an unlawful detainer action. I've seen cases in which the landlord applies the rent now being paid to the back rent still owed, so that an arrearage is created during the more recent months. But that's a risky thing to do. If you do this, you will want to notify the tenant in writing that that is what you are doing so that the tenant may have the chance to protest or catch up and you can show a court how you've allocated the funds received, and that the tenant knows about it.