Palmdale, CA asked in Landlord - Tenant for California

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.

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

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.

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