The statute of limitations for filing a small claims case varies by state and infraction, and is generally less than 10 years.
What is Statute of Limitations?
The statute of limitations is measured from when the event occurred or when it was discovered. For example, the statute of limitations for a small claims case regarding unpaid rent is measured from the due date. Disputes regarding property damage are measured from the day they are discovered.
Typically, the statute of limitations depends on whether there was an oral or written lease agreement. For example, in Florida, landlord-tenant disputes (like a disagreement about security deposit deductions) are filed within 4 years if there was an oral lease agreement or within 5 years from the date of the dispute if there was a written lease agreement.
What is the Statute of Limitations in Each State?
| State | Time Limit to File |
|---|---|
| Alabama | 6 years – Oral or written lease agreement |
| Alaska | 3 years – Oral or written lease agreement |
| Arizona | 1 year – Security deposit dispute 3 years – Violation of an oral lease agreement 6 years – Violation of a written lease agreement |
| Arkansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| California | 2 years – Violation of an oral lease agreement 3 years – Property damage, security deposit dispute 4 years – Violation of a written lease agreement |
| Colorado | 1 year – Security deposit dispute (with damages) 3 years – Violation of a lease agreement 6 years – Security deposit dispute (without damages) |
| Connecticut | 3 years – Oral lease agreement 6 years – Written lease agreement |
| Delaware | 3 years – Oral or written lease agreement |
| Florida | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Georgia | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Hawaii | 1 year – Security deposit dispute 6 years – Violation of a lease agreement |
| Idaho | 2 years – Return of a security deposit 4 years – Violation of an oral lease agreement 5 years – Violation of a written lease agreement |
| Illinois | 2 years – Penal provisions (e.g., security deposit dispute) 5 years – Remedial provisions (e.g., lease agreement violation) |
| Indiana | 6 years – Oral or written lease agreement |
| Iowa | 5 years – Oral lease agreement, unpaid rent 10 years – Written lease agreement |
| Kansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Kentucky | 5 years – Oral lease agreement, security deposit claim 10 years – Written lease agreement |
| Louisiana | 1 year – Security deposit dispute, property damage 3 years – Unpaid rent 10 years – Violation of a lease agreement |
| Maine | 6 years – Oral or written lease agreement |
| Maryland | 2 years – Security deposit claim 3 years – Other civil claims |
| Massachusetts | 4 years – Violation of the Consumer Protection Act 6 years – Violation of a written or oral lease agreement |
| Michigan | 45 days – Some security deposit disputes 3 years – Property damage 6 years – Lease agreement violation, failure to return a security deposit |
| Minnesota | 2 years – Security deposit claim with damages 6 years – Violation of a lease agreement, property damage |
| Mississippi | 3 years – Oral or written lease agreement |
| Missouri | 3 years – Security deposit dispute with damages 5 years – Violation of a statute or a lease agreement 10 years – Unpaid rent |
| Montana | 5 years – Oral lease agreement 8 years – Written lease agreement |
| Nebraska | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Nevada | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New Hampshire | 3 years – Oral or written lease agreement |
| New Jersey | 6 years – Oral or written lease agreement |
| New Mexico | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New York | 3 years – Property damage 6 years – Security deposit dispute, lease agreement violation |
| North Carolina | 3 years – Oral or written lease agreement |
| North Dakota | 6 years – Oral or written lease agreement |
| Ohio | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Oklahoma | 1 year – Violation of law with a statutory penalty (e.g. failure to place security deposit in an escrow account) 3 years – Oral lease agreement violation, violation of law without a statutory penalty (e.g., retaliation) 5 years – Written lease agreement violation |
| Oregon | 1 year – Oral or written lease agreement |
| Pennsylvania | 4 years – Oral or written lease agreement |
| Rhode Island | 10 years – All civil claims |
| South Carolina | 3 years – Lease agreement violation, security deposit dispute, property damage |
| South Dakota | 6 years – Oral or written lease agreement |
| Tennessee | 3 years – Property damage 6 years – Lease agreement violation, unpaid rent |
| Texas | 4 years – Oral or written lease agreement |
| Utah | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Vermont | 6 years – All civil claims |
| Virginia | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Washington | 3 years – Security deposit dispute, oral lease agreement violation, property damage 6 years – Written lease agreement violation |
| Washington D.C. | 3 years – Written or oral lease agreement |
| West Virginia | 5 years – Oral lease agreement 10 years – Written lease agreement |
| Wisconsin | 3 years – Security deposit dispute 6 years – Lease agreement violation, unpaid rent |
| Wyoming | 8 years – Oral lease agreement 10 years – Written lease agreement |
What Happens if the Deadline Has Passed?
Court cases must be filed before the deadline. If a small claim is filed past the deadline, the court will reject the filing and will typically not refund the filing fee. Landlords and tenants typically file a Small Claims Case as quickly as possible to avoid missing the deadline.
