Q: Is there still a max 4-year limit for the amount of back rent in eviction court, or 1 year maximum
Just curious and not really related to my issues but in commercial real estate, I believe that landlords can't sue civilly for rent over 4 years. If true, it would seem that a private landlord would be asked by the court, What mitigation was attempted during 10 years of non-payment. PS, which is related to my issues. LOL. Thank You for patiently and freely answering my many questions. (Pun intended)
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A:
You should know that California law generally allows a four-year statute of limitations for pursuing unpaid rent under a written lease. In a civil breach of contract action, this period often applies to your claim for back rent.
When it comes to eviction proceedings, however, the process typically centers on regaining possession rather than fully addressing long-term rent arrears. In some unlawful detainer cases, courts have limited the recovery of past due rent to an amount roughly equivalent to one year, based on the notice period provided. The outcome in your case may depend on your lease terms, the nature of the tenancy, and the specific circumstances surrounding the non-payment. You might want to review recent case decisions to see how these factors are being applied.
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