Legal Question in Real Estate Law in California

Re: Back rent

If the landlord accepted one-half rent, I must assume that there was some arrangement between him and the tenant (your boyfriend). If so, the arrangement is binding and can't be changed now. Second, if the landlord waited more than two years to complain about past due rent, he will have a difficult time explaining that to a judge. In addition, if the lease is oral, he's too late. (If it is written, the statute of limitations is 4 years and anything older than that can't be collected.) However, if your boyfriend voluntarily agrees to pay the back rent, the statute of limitations is waived.

Has the landlord made a written demand or is he just making casual comments? I would wait for him to make a written demand before offering anything in the way of settlement. Until you know exactly what is at stake and how old his claim is, you would be negotiating against yourself.

Re: Back rent

Your boyfriend apparently owes the back rent, but he may have some defenses to an attempt to enforce collection by lawsuit. For one, if this is an oral lease, the statute of limitations is two years, so amounts more than two years old may be uncollectable. Another collection problem is proof...the landlord would need some evidence that the rent was "X" and only "1/2 X" was paid. Of course, if your boyfriend admits he underpaid, the proof problem vanishes. Finally, there may be a defense of waiver. By accepting half rent without complaint or eviction attempt, the landlord arguably consented to accept 1/2 X.

I recommend negotiating with the landlord based on knowing that you have some defenses but may still lose, and that even small-claims litigation is costly in terms of the time and hassle. Also if this is an oral lease the more time that passes before suit is filed, the more months of rent are subject to the statute of limitations. Finally, keep in mind that if there is a security deposit, the landlord has a built-in collection mechanism for at least part of the back rent.

If this landlord was enough of a softie to accept half rent for nine months, he may also settle for a relatively small amount.

Re: Back rent

Thanks for your posting. If there is back rent owed, your landlord can sue for the unpaid amount, under a breach of contract theory. The total would be the losses allowed under the contract, which may include late fees, or attorney's fees.

You should check the contract, and you might want to negotiate with the landlord for a lower amount if you think that he or she is going to sue you.