What Is the Statute of Limitations for a Wrongful Eviction Case in California?

If you live in California and feel you have been unfairly evicted from your property by a landlord, you can fight the eviction, You have one year to file your claim.

Fighting a Wrongful Eviction

California residents who feel they have been wrongfully evicted by a landlord can file a rent ordinance claim. Tenants are advised to contact their local consumer affairs office or a lawyer for assistance. The state advises tenants not to work with eviction clinics or bankruptcy clinics as some are not legitimate and could have a negative impact on the tenant's ability to rent an apartment in the future.

Balistreri v. Rosenthal

The exact terms of the one-year statute of limitations was determined by the court case Balistreri v. Rosenthal, in which the tenant Balistreri was evicted from an apartment after receiving a letter from his landlord that did not comply with the rental ordinance. Because Balistreri's claim was not filed until more than a year after receiving this letter, his claim was denied.

Time Frame

The year is not measured from the time that a tenant vacates the property, but from the first notice that a landlord gives the tenant that the property must be vacated.

References

• San Francisco Apartment Association: Recent Cases Impact Landlord-Tenant Relations

Resources

• California Department of Consumer Affairs: Tenant Information and Assistance Resources