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How long is statute of limitations tenant/landlord. I believe I had a portion of my security deposit wronfully witheld.

La Quinta, CA |

I had a $2,000 deposit and only $1,300 was returned. Landlord returned deposit within prescribed time but witheld $700 and refused to itimize any damage. Is the statute of limitation 2 years? I also had a extension to extend lease another year at same terms and conditions but he refused this and advised me to vacate. All rent payments made early every month and when I vacated landlord sent me e mail stating home looks great. Whateverdamage was done if any, I had no chanceto rectify and save my deposit. I moved July 6, 2012. It has been approx 14 months ago. I need to know if it has been too long to go to small claims court?

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Attorney answers 3


It is not too late to file a small claims action. The statute of limitations on a written contract is 4 years; 2 years for an oral contract. The statute begins to run from date of breach, i.e., the date on which the landlord was required to refund the deposit. Good luck.

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I agree with previous answer and don't wait any longer.
Good Luck

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4 years on a written contract, 2 years on an oral contract.