Where a lease of real property is not in writing, no action shall be brought under Section 1951.2 of the Civil Code more than two years after the breach of the lease and abandonment of the property, or more than two years after the termination of the right of the lessee to possession of the property, whichever is the earlier time.
§ 339.5.Breach of Lease of Real Property Not In Writing and Abandonment of 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 339.5 gives a two-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 was not in writing.
Full Text of § 339.5
Plain-English Summary
Section 339.5 mirrors § 337.2 but for oral leases instead of written ones. When a lease of real property isn’t in writing and the tenant breaches it and abandons the property, the landlord’s damages action under Civil Code § 1951.2 must be brought within two years of the earlier of the breach-and-abandonment date or the date the tenant’s right to possession was terminated.
The only difference from § 337.2 is the length of the period — two years here instead of four — which tracks this chapter’s general pattern of giving oral obligations half the time given to written ones.
Frequently Asked Questions
What is the deadline to sue a tenant who breached an oral lease?
Two years under § 339.5, running from the earlier of the breach-and-abandonment date or the date the tenant’s right to possession ended.
Why is the deadline for an oral lease shorter than for a written one?
Section 337.2 gives the written-lease version of this same claim four years; § 339.5 gives the oral-lease version only two, following this chapter’s general pattern of shorter periods for obligations that aren’t in writing.
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 oral lease breach California