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Is there a statue of limitations for tenants who want to sue for rent disgorgement under LA RSO?

Los Angeles, CA |

Is there a statue of limitations for tenants who want to sue for rent collected on an illegal unit within Los Angeles' RSO?

When responding, if you're able to provide relevant civil code as well that would be very much appreciated.

Attorney Answers 2

Posted

Three years and you can get treble damages going back 1 year.

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Asker

Posted

Hi, I'm sorry but I don't understand your response. Can you please clarify what you mean by "you can get treble damages going back 1 year"? Does that mean the tenant can only be awarded the rent for the last year of rent, and in this case would have until 12/2016 to file suit? Or, would a tenant have until 12/2016 to file and be able to sue for her entire tenancy (e.g. a tenant who has lived on the property for 20 years could sue for all 20 years rent.)

Sagar P. Parikh

Sagar P. Parikh

Posted

Treble damages means you can get triple the amount of rent you paid over the last year. The way the statute of limitations works is that you can go back and sue for the last 3 years you have paid rent. Thus, if you filed a lawsuit today, you would be able to get back the rent you have paid since December 3, 2010.

Asker

Posted

Got it. So a tenant would only be able to sue for = the last 3 years of paid rent + in the last year (x 3).

Sagar P. Parikh

Sagar P. Parikh

Posted

Correct.

Asker

Posted

Thank you.

Asker

Posted

Hi Sagar, If it's possible to locate the civil code which refers to the 3-year state of limitations, I would find that greatly useful. I found the civil code 1947.11 you mentioned which refers to the treble damages. Thanks.

Posted

The SOL is 3 years; you can ask for triple damages.

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Asker

Posted

Does that mean, for example, if the tenant lived at the property for 10 years, they have until 12/2016 to file a suit and could ask for all 10 years rent x 3?

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