Legal Question in Real Estate Law in California

Security Deposit - Statute of Limitation for Claim
I understand that the statute of limitation for written contracts (i.e. written leases) are 4 years, but when does the statute begin to run? I signed a 2 year written lease for a rental, when that expired it automatically went to a month to month. I moved out 7 years after the lease was initially signed (the landlord requested that we vacate since she was selling the house), and the landlord never returned our deposit, nor provided us with any documentation why she was keeping our deposit. It is now just over 2 years since we moved out (and I just found out about the laws governing security deposits). Am I still within my rights to take her to court, if necessary, to get back our deposit?

Asked on 6/04/02, 11:53 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Security Deposit - Statute of Limitation for Claim

The statute runs from the date of the breach, not the date of the contract. Sue them.

Answered on 6/05/02, 12:41 pm

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