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Updated over 11 years ago on . Most recent reply

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Karen S.
  • Bay Area, CA
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Statue of Limitation in CA

Karen S.
  • Bay Area, CA
Posted

I have a tenant that filed a lawsuit against me. This all started because he owed me 8 months in rent due to not having a job. I let it go for 4 months before I gave him a Notice to Pay or Quit. Didn't pay so the Unlawful Detainer was filed and then he went to the courts 4 days later and filed an unlimited civil suit against me for habitability, etc. In all the months with no rent, he never once said anything about withholding rent for habitability but always because he didn't have the money. Everything he is sueing me for are issues that are from the past and have already been corrected between 2010 and 2011. Is there some sort of statue of limitation that makes it so he can't go back and sue me? I know he's just doing it because he's mad that I filed the Unlawer Detainer against him.

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Jerry W.
  • Investor
  • Thermopolis, WY
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Jerry W.
  • Investor
  • Thermopolis, WY
ModeratorReplied

The statute of limitations is the wrong avenue. What matters is the proof of the facts. Folks can say and claim anything, its what they can prove that is important. Statutes of limitations means the legal action is too old to sue on. The same proof you need for that is the same proof you need to win to show he did not pay and the problems were fixed. You should seriously consider talking with an attorney. If this is your first time in court ask the attorney to explain each step so you can learn as you go. Shop around, some attorneys are way more expensive than others, and your deal seems pretty simple so you don't need Perry Mason.

  • Jerry W.
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