Q: Landlord says we were late 5 years ago and now wants back rent. We have not been served nor think we are late.
We have rented for the last 5 years and have never been served a notice stating that were late. Now the property management company says we missed payments 3 or 4 years ago and therefore late all this time. We have mostly paid rent by check (we have on file) but there were occasions when we paid cash. It will be hard to find all of the receipts. Is there a 'statue of limitations' on time to notify us? Is the burden of proof on us to provide all of the receipts? Their records are poorly kept in my opinion and doesn't convince me they are accurate.
Landlord is nice but suspicious of property management company.
A:
In California the statute of limitations on written contracts is four years from the date of the breach of the contract. In most leases the payment is due on the first of the month. As of today, that means that any demand for payment of rent due on or before September 1, 2012, is unenforceable.
As to the responsibility for keeping records to prove payment, is the person making the payment. That is one advantage of paying by check. Of course the party making the demand would be obliged to produce some contemporary records of the demand for payment.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
