Legal Question in Real Estate Law in California

statute of limitation on

how far can a landlord go back to recover unpaid rents? I'm looking for an answer in years and months. Thankyou in advance for your efforts and speedy response.


Asked on 4/04/00, 5:54 pm

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: statute of limitation on

In response to your inquiry, let me offer the following:

In general, the statute of limitations for breach of a rental agreement or lease follows the statutes that govern contracts in general. If the rental agreement or lease is written, the landlord can sue up to four (4) years from the date of breach. If the agreement is oral, the statute of limitations is 2 years.

Be aware though, that the statute runs from the later of:

1) The original breach;

2) The date of last payment; or

3) The date of last promise to make a payment.

Feel free to contact me with additional questions or comments.

And now, the de rigueur caveat: The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts and documents, nor can provision of such information be construed as creating an attorney-client relationship.

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Answered on 4/18/00, 6:17 pm


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