Is there a time limit on filing against a former tenant for damages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a time limit on filing against a former tenant for damages?
I had a former tenant move out in 8 months ago and had more damages than the deposit covered. Is it too late to file?
Asked on August 2, 2011 Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
All states have statute of limitations for filing a lawsuit against someone for claimed liabilty and damages. Typically the time for statute of limitations begins running is when the damages accrue. Meaning, when has the person who wants to bring the lawsuit been damaged?
Most states have statute of limitations of 2 years for a breach of an oral contract, 4 years for breach of a written contact, 3 years for damages to property.
Your former tenant moved out 8 months ago with more damages owed you for the rental than the security deposit covered. You most likely have time to file a lawsuit against the tenant for the excess owed and not be barred by the statute of limitations. Perhaps a small claims action is the route to proceed?
If so, to be on the safe side, you should file the action with the court against the former tenant before the passage of one year after the former tenant vacated your rental.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.