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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.

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

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Attorney answers 3


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 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


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



so i just found out that he has been recording phone conversations with me and my ex roommate, and we are being sued cause he says he has an attorney but will settle the debt or we can make payments. is that even possible to do and the amount is 4600 but i never got the summons

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