time limit to file for small claims

[missdd22]

What is the name of your state (only U.S. law)? CA.

Does anybody know how long I have to file a small claims suit against my old landlord to get back my security deposit?

 

[CA LL]

CA law first requires you make a written demand for the refund (you will be required to swear to the fact you did so)....then it's 2-4 years depending on the judge's interpretation of the agreement...oral or written. Most judges would wonder though if it was not filed within a few months...a year max. What would you wait for?

The demand should be made within 30-45 days after vacating the unit and then the case filed maybe another month or so after that max.

 

[CourtClerk]

CA law first requires you make a written demand for the refund (you will be required to swear to the fact you did so)....then it's 2-4 years depending on the judge's interpretation of the agreement...oral or written. Most judges would wonder though if it was not filed within a few months...a year max. What would you wait for?

The demand should be made within 30-45 days after vacating the unit and then the case filed maybe another month or so after that max.

Uhhh.... I believe the SOL on written contracts is 4 years, not one month.

 

[missdd22]

It's been 11 months since I moved out. I have a letter from the Lanlord saying that she is waiting on estimates for all the damage to her house. We have pictures of when we moved out, the house was immaculate. I was worried that a judge would wonder why I waited so long. But I guess it's still worth a try...it wasn't a small deposit.

 

[CA LL]

Uhh...Court Clerk I WROTE 2 - 4 years depending on if oral or written..did you miss that LOL?

I merely suggested it be done much sooner.

You quoted my post but seemingly did not actually read what was quoted?

To OP..yes you may file the claim...but first you must do the letter of demand. On CA Consumer Affairs and/or court sites you can find an example of such demand letter.

 

[CourtClerk]

Uhh...Court Clerk I WROTE 2 - 4 years depending on if oral or written..did you miss that LOL?

I merely suggested it be done much sooner.

You quoted my post but seemingly did not actually read what was quoted?

To OP..yes you may file the claim...but first you must do the letter of demand. On CA Consumer Affairs and/or court sites you can find an example of such demand letter.

No, I didn't miss it and I read everything however, this is where I take exception:

The demand should be made within 30-45 days after vacating the unit and then the case filed maybe another month or so after that max.

There is nothing written anywhere where a case should be filed within the time period you're subscribing... the fact that you are using "max," insinuates that this is a 'drop dead' date, when in fact, the OP has much more time to weigh the options, and decide to file suit.

 

[CA LL]

So you read where I first answered the question from the legal standpoint first (2-4 years depending on oral or written) then gave an OPINION ONLY that it would be best to be done much sooner? I have helped tenants sue former landlords...and won every case using the process I described. I have first hand watched CA judges in small claims ask tenants why they waited even six months...in other words..it's either refunded correctly or not...why wait?

The DEMAND LETTER IS key which I mentioned to them both times. If it was not clear that the latter part of my original post AFTER ANSWERING THE LEGAL STATUTES specifically was an opinion, I'm sorry....that's what it was. Perhaps that is clear now after I answered the later OP reponse to the 11 month time frame?

I just gave "best case" but then later answered that YES they could file at 11 months just reminded them to first do the demand letter and even where they could find drafts of it.

The "max" was the time I would wait AFTER sending the demand letter max...in other words in the letter give the LL 30 days or so to respond and if not then file the case. The demand letter comes first.