Can a landlord sure for unpaid rent without a contract?

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Can a landlord sure for unpaid rent without a contract?

My past landlord of 4 years ago is trying to sue me for past unpaid rent. I lived there with a former roommate and there was no lease or contract.

Asked on October 3, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a former landord can sue a former tenant for past due rent claimed unpaid even if the tenancy ended four (4) years ago. Whether or not the landlord prevails on such a claim remains to be seen.

Contracts in this country are written, or oral, or implied in fact. If you had an oral contract with your former landlord for the rental, there is a good chance that the statute of limitations for breach of an oral contract may have run given the passage of four (4) years where there has been no lawsuit filed to date.

In California, the statute of limitations for breach of an oral contract is two (2) years. Good luck.


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