Legal Question in Real Estate Law in California
A different security deposit question.
I moved out of my last apartment over 2 years ago, I have never received any part of the $800 deposit, nor have I received an itemization of it. I am still at the address that I gave them as forwarding. I had an unauthorized pet that they were unaware of, which may have accounted for some of the deposit. Just recently I found out they are in default for not sending me anything. Has the statute of limitations run out for me to gain recourse?
1 Answer from Attorneys
Re: A different security deposit question.
If your lease or rental agreement was oral, the limitation is two years, and if written, probably four years. Statutes of limitation have technical interpretations. The starting time and factors interrupting the running of the statute may in some cases extend the time for bringing suit.
Another interesting technical sidelight is that running of the statute does not extinguish the debt; it merely provides the debtor with a defense to a suit to recover on the debt.
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