How long do you have on a property damage claim in California?

3 years, counted from the day the damage happened, under Cal. Code Civ. Proc. §338(c)(1).

What does a property damage claim have to show?

What was damaged, how, and by whom. What it cost to repair or replace, with an estimate or receipt. That you asked them to pay, when, and what happened.

How much can you claim in small claims court in California?

An individual can claim up to $12,500. A business can claim up to $6,250. A public agency can claim up to $6,250. That comes from Cal. Code Civ. Proc. §116.221, Cal. Code Civ. Proc. §116.220.

Property Damage claims in California

If you found the damage later, use the day it happened if you know it.

The day the clock starts

The day the damage happened

What the claim has to show

What was damaged, how, and by whom
What it cost to repair or replace, with an estimate or receipt
That you asked them to pay, when, and what happened

What to bring

Photos of the damage
Repair estimates or receipts
Any police or incident report
Messages with the other side

How long you have

How long you have
Kind of claim	Window	Counted from	Rule
Property Damage	3 years	the day the damage happened	Cal. Code Civ. Proc. §338(c)(1)

Worked example

If the day the damage happened was 2026-03-15, a window of 3 years runs out on 2029-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.

More about California

Common questions

When does the clock start on a property damage claim in California?: If you found the damage later, use the day it happened if you know it.
How long do you have on a property damage claim in California?: 3 years, counted from the day the damage happened, under Cal. Code Civ. Proc. §338(c)(1).
What does a property damage claim have to show?: What was damaged, how, and by whom. What it cost to repair or replace, with an estimate or receipt. That you asked them to pay, when, and what happened.
How much can you claim in small claims court in California?: An individual can claim up to $12,500. A business can claim up to $6,250. A public agency can claim up to $6,250. That comes from Cal. Code Civ. Proc. §116.221, Cal. Code Civ. Proc. §116.220.

Verify with your court

Numbers change, and a court can post its own variation. Open California's small claims page and confirm anything you are about to rely on.

Open the court's small claims page

Verified on 2026-09-05, sources: Rules effective from 2026-01-01.

Cal. Code Civ. Proc. §338(c)(1) · effective 2024-09-16 · A claim for damage to your property must be filed within three years of the damage.
Cal. Code Civ. Proc. §116.320 · effective 2008-01-01 · The claim form asks you to state that, where possible, you demanded payment before filing.
Cal. Code Civ. Proc. §116.221 · effective 2024-01-01 · An individual can bring a claim for up to $12,500 in small claims court.
Cal. Code Civ. Proc. §116.220 · effective 2024-01-01 · A business or agency can bring a claim for up to $6,250. Any claimant can give up the amount over the limit to stay in small claims.

FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.