How long does a landlord have to sue for unpaid rent or damages?
Short answer: Each state sets a deadline (statute of limitations) for suing over a lease. For written leases it is often several years, and it can differ for oral leases.
The clock usually starts when the rent went unpaid or the damage was discovered. Once a landlord wins a judgment, collecting it has its own, longer timeline.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Time limit to sue over a lease |
|---|---|
| Alabama | 6 years for actions founded on promises in writing not under seal (a written lease), and 6 years for arrears of rent under an oral lease ("parol demise") and for use and occupation of land. Claims on an open or unliquidated account have 3 years. Ala. Code § 6-2-34(4), (5), (6), (9); § 6-2-37(1) |
| Alaska | 3 years for an action on a contract or liability, express or implied, which includes a written or oral lease, unless another law sets a different period or the parties waived this section by contract. AS 09.10.053 |
| Arizona | 6 years for a debt founded on a written contract signed in Arizona, such as a written lease. 3 years for a debt not evidenced by a written contract, such as an oral lease, and for stated or open accounts. A.R.S. § 12-548(A)(1); § 12-543(1)-(2) |
| Arkansas | 5 years for actions to enforce written obligations, such as a written lease. A partial payment or a written acknowledgment of the debt restarts (tolls) the period. 3 years for contracts not in writing, such as an oral lease, and for rent arrears not reserved by a sealed written instrument. Ark. Code Ann. § 16-56-111; § 16-56-105(1)-(2) |
| California | 4 years for an action on a contract founded on a written instrument, such as a written lease. 2 years for a contract not founded on a written instrument, such as an oral lease. Cal. Code Civ. Proc. § 337(a); § 339(1) |
| Colorado | 6 years for all actions for arrears of rent and for recovering a liquidated or determinable amount of money due. This applies to unpaid rent under a written or oral lease. Other contract claims, such as many damage claims, have 3 years unless the 6-year section applies. C.R.S. § 13-80-103.5(1)(a)-(b); § 13-80-101(1)(a) |
| Connecticut | 6 years for an action on a written contract, a simple or implied contract, or an account, which covers a written lease. 3 years for an express contract not put in writing and not evidenced by a signed note or memorandum, such as an oral lease. Conn. Gen. Stat. § 52-576(a); § 52-581(a) |
| Delaware | 3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years of when the claim accrues. Delaware sets no separate, longer period for ordinary written leases. A written contract involving at least $100,000 may set its own period of up to 20 years. 10 Del. C. § 8106(a), (c) |
| District of Columbia | 3 years for an action on a simple contract, express or implied. This covers ordinary written and oral leases alike. 12 years for an instrument under seal. D.C. Code § 12-301(6)-(7) |
| Florida | 5 years for an action on a written contract (including a written lease); 4 years for a contract not founded on a written instrument (oral lease). Fla. Stat. § 95.11(2)(b), (3)(j) |
| Georgia | 6 years after the debt becomes due and payable for an action on a simple written contract, such as a written lease. 4 years for breach of a contract not signed by the party being sued (e.g., an oral lease), on an open account, or on an implied promise. O.C.G.A. §§ 9-3-24, 9-3-25 |
| Hawaii | 6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation, or liability. This covers unpaid rent and lease damages, and Hawaii uses the same period whether the lease is written or oral. HRS § 657-1(1) |
| Idaho | 5 years for an action on a contract founded on a written instrument, such as a written lease; 4 years for a contract not founded on a writing, such as an oral lease. Idaho Code §§ 5-216, 5-217 |
| Illinois | 10 years for an action on a written lease or other written contract. If a written payment or new promise to pay is made, a new 10 years runs from that payment or promise. 5 years for an unwritten (oral or implied) contract, such as an oral lease, and for damage to property. 735 ILCS 5/13-206; 735 ILCS 5/13-205 |
| Indiana | Indiana has several overlapping periods. 6 years for actions 'for use, rents, and profits of real property' and for contracts not in writing (IC 34-11-2-7). 6 years for written contracts for the payment of money executed after Aug. 31, 1982 (IC 34-11-2-9). 10 years for other written contracts (IC 34-11-2-11). An unpaid-rent claim generally falls in a 6-year category; a claim on other written lease terms (e.g., property damage under the lease) may fall under the 10-year rule. IC 34-11-2-7, 34-11-2-9, 34-11-2-11 |
| Iowa | Claims for unpaid rent: 5 years (Iowa Code § 614.1(5)(b)). Other claims on a written contract, including written-lease damages other than rent: 10 years (§ 614.1(5)(a)). Unwritten (oral) contracts and injury to property: 5 years (§ 614.1(4)). Iowa Code § 614.1(4), (5) |
| Kansas | 5 years for an action on any written agreement, contract or promise, such as a written lease; 3 years for contracts, obligations or liabilities not in writing, such as an oral lease. K.S.A. 60-511(1); K.S.A. 60-512(1) |
| Kentucky | 10 years for an action on a written contract (such as a written lease) signed after July 15, 2014 (KRS 413.160). 15 years for written contracts signed on or before that date (KRS 413.090(2)). 5 years for a contract not in writing, such as an oral lease, and for profits of or damages for withholding real property (KRS 413.120(1), (5)). KRS 413.160; KRS 413.090(2); KRS 413.120 |
| Louisiana | 3 years ('liberative prescription') for an action for arrearages of rent, running separately from each installment's due date. Other lease claims, such as property damage or breach of other lease obligations, generally fall under the 10-year personal-action period. The same rules apply to written and oral leases. La. C.C. arts. 3494(2), 3495, 3499 |
| Maine | 6 years for civil actions generally, including suits for unpaid rent or damages under a written or oral lease. 20 years only for contracts under seal (or promissory notes signed with an attesting witness). 14 M.R.S. § 752; 14 M.R.S. § 751 |
| Maryland | 3 years for a civil action at law, including suits for unpaid rent or damages under a written or oral lease. 12 years if the lease is a contract under seal (a 'specialty'). Md. Code, Cts. & Jud. Proc. § 5-101; § 5-102(a)(5) |
| Massachusetts | 6 years for contract actions, express or implied, including suits for unpaid rent or damages under written or oral leases. 20 years for contracts under seal. M.G.L. c. 260, § 2; c. 260, § 1 (First) |
| Michigan | 6 years for an action to recover damages or money due for breach of contract (unpaid rent or damages under a lease). The same period applies to written and oral leases. MCL 600.5807(1), (9) |
| Minnesota | 6 years for actions on a contract or other obligation, express or implied. The same period applies to written and oral leases. Minn. Stat. § 541.05, subd. 1(1) |
| Mississippi | 3 years for both written and oral leases. Unwritten contracts are expressly 3 years. Written contracts fall under the general 3-year catch-all for actions with no other limit. Miss. Code Ann. § 15-1-49(1); § 15-1-29 |
| Missouri | 10 years for an action upon a writing for the payment of money (a written lease's promise to pay rent); 5 years for other contract actions, including oral leases and lease claims not 'for the payment of money' (e.g., some damage/covenant claims). RSMo 516.110(1); RSMo 516.120(1) |
| Montana | 6 years for a written lease or other written contract; 5 years for an oral lease (a contract not founded on a written instrument). Mont. Code Ann. § 27-2-202(1)-(2) |
| Nebraska | 5 years for a written lease or other written contract; 4 years for an oral (unwritten) lease, express or implied. Neb. Rev. Stat. §§ 25-205(1), 25-206 |
| Nevada | 6 years for a written lease or other written contract; 4 years for an oral (unwritten) lease. NRS 11.190(1)(b), (2)(c) |
| New Hampshire | 3 years for personal actions, including suits on written or oral leases for unpaid rent or damages. The 3 years run from the act or omission, or from when the injury was or reasonably should have been discovered. RSA 508:4, I |
| New Jersey | 6 years for a contract claim, written or oral (express or implied, not under seal), including suits for unpaid rent or lease damages. N.J.S.A. 2A:14-1(a) |
| New Mexico | 6 years for a written lease or other written contract; 4 years for an oral (unwritten) lease. NMSA 1978, §§ 37-1-3(A), 37-1-4 |
| New York | 6 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. N.Y. CPLR 213(2) |
| North Carolina | 3 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. N.C. Gen. Stat. § 1-52(1) |
| North Dakota | 6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. N.D.C.C. § 28-01-16(1) |
| Ohio | Written lease: 6 years. Oral lease: 4 years. Ohio Rev. Code §§ 2305.06, 2305.07(A) |
| Oklahoma | Written lease: 5 years. Oral lease: 3 years. 12 O.S. § 95(A)(1)-(2) |
| Oregon | 6 years for an action on a contract or liability, express or implied — the same period applies to written and oral leases. ORS 12.080(1) |
| Pennsylvania | Written lease: 4 years (an action on a contract, obligation, or liability founded on a writing). Oral lease: 4 years (an express contract not founded on a writing). Exception: a written instrument under seal has a 20-year limit. 42 Pa.C.S. §§ 5525(a)(3), (a)(8); 5529(b)(1) |
| Rhode Island | 10 years — Rhode Island's general civil statute of limitations covers contract claims, written or oral. R.I. Gen. Laws § 9-1-13(a) |
| South Carolina | 3 years for an action on a contract, obligation, or liability, express or implied — the same 3-year period applies to written and oral leases. S.C. Code § 15-3-530(1) |
| South Dakota | 6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. SDCL 15-2-13(1) |
| Tennessee | 6 years. Actions for the use and occupation of land and for rent, and actions on contracts not otherwise provided for, must be brought within six years after the cause of action accrues. Same period for written and oral leases. T.C.A. § 28-3-109(a)(1), (3) |
| Texas | 4 years. A suit on a debt (such as unpaid rent) must be brought within four years after the cause of action accrues; the residual limitations period for actions with no express period is also four years. The same 4-year period applies to written and oral leases. A lease may not shorten the period to less than two years. Tex. Civ. Prac. & Rem. Code Sec. 16.004(a)(3), 16.051, 16.070 |
| Utah | 6 years for an action on a contract, obligation or liability founded on an instrument in writing (written lease). 4 years for a contract, obligation or liability not founded on a written instrument (oral lease), running from the last charge or last payment. Utah Code 78B-2-309(1)(b); 78B-2-307(1)(a) |
| Vermont | 6 years. Vermont's general civil-action limitations period (six years after the cause of action accrues) applies to suits for unpaid rent or damages under both written and oral leases. 12 V.S.A. § 511 |
| Virginia | 5 years for an action on a written contract signed by the party to be charged (or the party's agent), such as a signed written lease. 3 years for an unwritten (oral) contract, or a written contract not signed by the party to be charged. Va. Code Sec. 8.01-246(A)(2), (A)(4) |
| Washington | 6 years for an action on a written contract or liability arising from a written agreement (written lease). 3 years for a contract or liability not in writing (oral lease). RCW 4.16.040(1); 4.16.080(3) |
| West Virginia | 10 years for an action on a contract in writing signed by the party to be charged (or the party's agent), or under seal (written lease). 5 years for any other contract, express or implied (oral lease). W. Va. Code § 55-2-6 |
| Wisconsin | 6 years. An action on any contract, obligation or liability, express or implied (written or oral lease), must be commenced within 6 years after the cause of action accrues. Wis. Stat. § 893.43(1) |
| Wyoming | 10 years for an action on a specialty or any contract, agreement or promise in writing (written lease). 8 years for a contract not in writing, express or implied (oral lease). Wyo. Stat. § 1-3-105(a)(i)-(ii) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.