Where a lease of real property is in writing, no action shall be brought under Section 1951.2 of the Civil Code more than four years after the breach of the lease and abandonment of the property, or more than four years after the termination of the right of the lessee to possession of the property, whichever is the earlier time.
§ 337.2.Breach of Lease and Abandonment of Real Property Or Termination of Lessee's Right to Possession
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1970 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 337.2 gives a four-year deadline, running from the breach or from the termination of the tenant’s right to possession (whichever is earlier), for a landlord’s damages action under Civil Code § 1951.2 when the lease of real property is in writing.
Full Text of § 337.2
Plain-English Summary
When a commercial or residential lease of real property is in writing and the tenant breaches it and abandons the property, Civil Code § 1951.2 gives the landlord a damages remedy. Section 337.2 puts a four-year clock on bringing that action, measured from whichever comes earlier: the date of the breach and abandonment, or the date the tenant’s right to possession was terminated.
The oral-lease version of this same claim runs on a much shorter two-year clock under § 339.5. Whether the four-year or two-year period applies turns entirely on whether the lease itself was in writing.
Frequently Asked Questions
What is the statute of limitations for suing a tenant who breached a written lease?
Four years under § 337.2, running from the earlier of the breach-and-abandonment date or the date the tenant’s right to possession terminated.
What if the lease was oral instead of written?
The parallel claim under an oral lease runs on a two-year period instead, under § 339.5.
Amendment History
Added by Stats. 1970, Ch. 89.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: statute of limitations breach of lease Californialandlord damages against tenant abandonment statute of limitations