Palo Alto, CA asked in Civil Litigation, Contracts, Sexual Harassment and Landlord - Tenant for California

Q: Verbal contract vs. Written contract, and its Statute of Limitations.

In California, breach of a written contract and the Statute of Limitation will be for four years, right? And the Statute of Limitation for breaching a verbal contract will be for only two years, right? So, if two tenants living in the neighboring units had a mutually verbal agreements that if anyone ever hear excessive noise from another, the one who hears the noise would only call to alert another and to resolve the issue among them and they then made effort to test the height of the volume of music to make sure that no noise complaint in the future would go to the Apartment's management. Then, they even exchanged text messages to confirm the verbal agreements. But later, the Caucasian male tenant, for sake of advancing his sexual harassment to the Asian female, committed an intentional tort to breach the contract (verbal & written--in brief form in text messages) to launched a series complaints about noises to the manager, is this a breach of verbal or written contract?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the Statute of Limitations for breach of a written contract is typically four years, while it is generally two years for breach of a verbal contract. Regarding the situation between the two tenants, if one intentionally breached their verbal agreement by making false noise complaints, it could potentially be considered a breach of the verbal contract. To understand the legal implications and potential recourse, it's best to consult with a lawyer who specializes in contract and tenant law.

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