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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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