Legal Question in Real Estate Law in California

Back rent

My landlord just told me that I owe him back rent from a year ago. He failed to collect an increase in rent allowed by section eight for 5 months from 3/1/00 to 8/1/00. He now found the mistake and is asking me for back rent.

Is there a statute of limitation for collecting rent?

Can he come back a year later after the increase is due and collect it?


Asked on 4/06/01, 12:12 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Back rent

Contact the agency that is administering the section 8 housing program. They can advise you regarding the validity of collecting the rent under these circumstances. If the landlord can collect the rent increase he may be required to accept monthly payments. Or you may qualify for a larger rent subsidy.

I am not familar with section 8 housing but it does have some restrictions on the landlord.

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Answered on 6/12/01, 2:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Back rent

The statute of limitations is four years for a written contract and two years for an oral contract or unwritten lease -- Code of Civil Procedure sections 337, 339 and 339.5. There are exceptions and the method for calculating time under the statute of limitations has technicalities.

I don't know what you mean by section eight.

Consider the answers to the following questions:

Was the failure to collect entirely the landlord's fault, or could the landlord say with any justification that you ignored an increase that you knew about and simply underpaid? Were you given notice of the increase? Were you formally billed an incorrect amount, in writing? Is the amount of the under-payment large enough to warrant a small-claims action? Are you still living there, and if so are good relations with the landlord in the future important to you? What is the fair rental value of the property in relation to what you're paying? In relation to the rent in March through July 2000?

If the rent increase is valid under the lease, you are liable for it, in my opinion. There are a few theories under which you might escape liability, but I do not see them applying and affecting the outcome here based on the facts given.

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Answered on 6/07/01, 1:39 pm


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