Legal Question in Landlord & Tenant Law in California

Small Claims - Collecting For Damages Caused By Tenant, Too Late?

Damage occurred to my rental that I discovered when the properly was vacated. This occurred 18 months ago. For family reasons (the tenant is a relative), I�ve not filed the small claims case yet. Is there some sort of California landlord/tenant law saying a demand letter must be filed within 45 days of property vacancy? If so, do I have any way to proceed with this claim?

Note - Of the $4,500- claim, about half is for general damages and clean up, and the other half is for specific improvements that I paid

the tenant to do, that were never completed (I do have a signed contract).


Asked on 1/14/09, 7:41 pm

1 Answer from Attorneys
Sam Stamas Law Office of Samuel G. Stamas

Re: Small Claims - Collecting For Damages Caused By Tenant, Too Late?

You have not lost your statute of limitations yet. But I'd suggest you file now for all of it. I believe, on at least some of the damages, you have 2 years to file. You should send a demand letter to the tenant prior (but quickly, with a date certain for payment in settlement - prior to the 2 year mark) and try to settle.

This is a very simplified summary. It may behoove you to contact an attorney who will have more specific questions for you to answer in order to give specific advise.

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Answered on 1/15/09, 4:59 pm


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