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Past Due Rent

Having a dispute with a tenant or landlord? Rental Law discussion

Past Due Rent

Postby Laec » Wed Dec 07, 2016 11:43 am

how far back can a landlord look to collect past due rents they believe are owed .. My landlord has no book keeping practices to speak of and I recently had to send her receipts to prove payments now she is wishing to go back over 14 months ago and I am having difficulty finding receipts but know that I had paid rent and only at beginning of 2011 did I fall behind
Laec
 
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Past Due Rent

Postby Elison » Thu Dec 08, 2016 10:06 pm

You're probably talking about the statute of limitations, which varies, state by state(it's 4 years in California).  Basically, the creditor(in California) can go back 4 years from the date when the debt first became due.  So 14 months is fine.  It would be difficult for a landlord to go back very far.  For example, if you have a receipt that says you paid your rent for September 2011, how could the landlord go back and say you didn't pay August 2011?  (I am assuming that the receipt is dated(?) for September and says it is for September.  If so, that would tend to show that there were no arrears).  Also, how far behind would a landlord let the tenant get without evicting?

You should keep your receipt, of course, but her lack of books would not be helpful in a court case.  
Elison
 
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Past Due Rent

Postby Sinjin » Wed Dec 14, 2016 1:15 am

how far back can a landlord look to collect past due rents they believe are owed .. My landlord has no book keeping practices to speak of and I recently had to send her receipts to prove payments now she is wishing to go back over 14 months ago and I am having difficulty finding receipts but know that I had paid rent and only at beginning of 2011 did I fall behind
Sinjin
 
Posts: 32
Joined: Mon Jan 13, 2014 12:32 pm


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