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  1. #1
    Join Date
    Aug 2010
    martinez ca

    Default What's the Statute of Limitations on Back Rent Owed

    My question involves landlord-tenant law in the State of California
    I am living in a rental property that the well has been out of commission for over 10 months (well collapsed in November of 2009) and the landlord has done nothing to repair or replace the well. My question involves any back rent from over 1 year. Can the landlord collect rent owned over 1 year. I.E. Can the landlord go back to 2006 and collect back rent. In reading the Civil Code, I read that the landlord cannot collect back rent over one year previous no matter how much is owed. I don't remember is I saw this in a section about evictions or not. The landlord accepted a payment less than what she was asking but was going back from 2006 - 2008. If someone knows about this in the Civil Code, I would appreciate it.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: In the State of California, is a Landlord Entitled to Back Rent of More Than 1 Ye

    Explain this better. You haven't paid rent in four or more years? This is a residential lease?

    The statute of limitations for breach of a written residential lease is four years (Code Civ. Proc., 337, subd. (1)) and the limitations period for a related tort claim is two years (Code Civ. Proc., 335.1).

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