Is there a minimum period of time in which a landlord can sue for back rent and/or damages after the date you move out?

UPDATED: Nov 11, 2011

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Is there a minimum period of time in which a landlord can sue for back rent and/or damages after the date you move out?

My girlfriend and I moved out of our apartment during an unlawful detainer case, in which they asked both that we vacate and for back rent. That case was dismissed without prejudice. The summons for the UD case was filed 6 months ago and dismissed almost 2 months ago. They filed a suit in small claims court oabout a week later. I wanted to know if they could still file such a claim? Also, they declined an initial inspection as I was moving out and did not allow me to accompany them on a final inspection when I was finished moving. I was never asked to do any of the cleanup or repairs claimed.

Asked on November 11, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states in this country where there is a written lease (or oral) and there is a dispute over rent and/or damages after tenant move out, the statute of limitations to bring a lawsuit by the landlord against the tenant is two (2) years minimum after move out depending upon the landlord's theory of recovery.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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