Legal Question in Landlord & Tenant Law in California

statute of limitations

I had an agreement with my landlord to do some work to the building where I lived. we agreed that my rent would be deducted from the total amount and any over that amount would be applied toward future rent.I worked from 2/02 thru 6/05 and was told that the building was sold and I would have to pay rent to new owners on 7/1/05. At this time I had 18 monthes future rent owed to me. I have kept a daily log of my hours,where on the property I work and a detailed description of the work I did. After nicely asking the prevous owner 3 times to pay me with no results I wrote him the 4rth. time and told him if he didn't pay me by 3/15/06 I would take him to court to get my money. he wrote me back right away saying that he knows he owes me the money and offered to pay about 1/3rd of what is owed to me saying that the statute of limitations would cancell out what he owed me for the year 2002 and 2003.

I thought I had 2 years to file a case against him or his he correct in saying anytime longer that 2 years he dose not owe me for or can I still take him to court for the full amount with penalties and intrest or should I take the $2600.00 of the $ 8250.00 qwed to me. I have a daily log ,witnesses and letters from him abuot the good job I did


Asked on 3/15/06, 5:20 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: statute of limitations

You're within the statute of limitations, since the building sold in 2005 and the oral/written contract was breached by the former LL in 2005. You have at least 2 years to sue. In either case, the new owners would have bought the place subject to the agreement by the former LL if he disclosed it to the buyers. However, if the work you did is considered contracting for which a license is required, you will not be able to sue for the money owed unless you have a contractor's license. Good luck.

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Answered on 3/15/06, 11:22 am


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