Legal Question in Landlord & Tenant Law in California
I am being threatened to civil court by my ex roomates for property damages that supposedly my dog caused. I have not lived nor been on the lease in 10months. Can I be held liable for the damages?
3 Answers from Attorneys
If your dog caused the damage, it is possible that you could be held liable. The statutes of limitations, in your matter, vary from only 1 year and can be as long as 4 years. The time starts, when the damage is done, not when you stopped living at the residence or was a lessee.
I disagree with Mr. Salzman in part. If your dog caused the damage, you ARE liable. The question is whether it is too late to sue you for it. I agree that the statute of limitations may be anywhere from 1 to 4 years, but disagree that the time runs from when the damage was done, necessarily. If, for example, your ex-roommates are just now moving out and are being charged for your dog's damage by the landlord, the time may not start until the landlord actually charges them or withholds a deposit. If the damage was done in a room only assigned to you, or in a location that could not be detected until you moved, the time would not start to run until you left. Those are just two examples of how the time may not start running from the moment the dog did the damage. In any case, however, if it's only been ten months since you moved out, they are all but certain to be within the limitations period for suing you for any damage your dog actually caused.
I disagree with Mr. McCormick. My answer contemplates a practical, likely set of facts. I don't appreciate attorneys who over-complicate matters. I always wonder if it's just a method of churning attorney fees and cheating the public. Mr McCormick is, surely, not doing that, here, where attorneys can say anything, even if it's unrealistic or insulting, without compensation.