Im being sued for an apartment i moved out july of 09 and was on a month to month lease since nov 08 til i moved.

Asked over 1 year ago - San Jose, CA

is the statue of limitations over in california now that is jan 2013, and does a month to month lease define any legal obligations

Attorney answers (3)

  1. Thomas Anthony Schaeffer

    Contributor Level 14

    3

    Lawyers agree

    Answered . The statute of limitations in CA on a written contract is 4 years so this is right on the line and would depend on the month you moved. As far as your rights being different than from a year lease: no.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you had a written month to month lease, the statute of limitations for breach of written contract in California is 4 years from breach. Therefore, you most likely would not have a statute of limitations defense in this lawsuit.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . the statute of limitations is for years from the date you breached your lease agreement by failing to pay as agreed under the lease. How much are you being sued for?

    Kevin Sullivan
    415-441-1052

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