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Can a landlord sue me 2 1/2 years after I move out?

San Diego, CA |

I lived in a house with 2 other roommates from Dec 2009 lit Jun 2010 . In jun 2010 I moved out and got my own place . My roommates stayed and got another roommate and they all signed a new lease for the house without me in it . They partied a lot and trashed the house over the 3 + years they lived there . In Feb of 2013 I got a notice in the mail saying I owed the LL 1100 in damages . can they come after me even though I moved out 2 1 / 2 years ago ?

Attorney Answers 2

Posted

Yes. If the landlord's claim is based upon breach of written contract (lease), the statute of limitations in California is 4 years from breach. However, it is likely that if you were sued, you would have a claim for contribution and indemnification from the roommates who actually trashed the house.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

Yes the the landlord has 4 years to pursue an action for breach of contract based on a written lease. With that said, he will likely not be able to show that you caused the damage since there were three other people who lived in the residence for almost three years after you moved out. If he cannot show that you personally caused the damage, he cannot recover against you.

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