Landlord/Tenant: What is the statute of limitations on suing a tenant for damages.

Asked over 2 years ago - Saint Petersburg, FL

Tenant moved out and left over $1,300 worth of damages. Tenant notified properly and all paper work was done and demand for payment made. Landlord being ignored (no surprise)

I now have the time to sue the tenant and need to what the statute of limitations is to sue for damages.

Thank you.

Attorney answers (2)

  1. Carol Lynne Zimmerly

    Pro

    Contributor Level 18

    3

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    Answered . Five years for a written contract, four years for an oral contract.
    You must find the person so they can be personally / individually served
    by the process server.

  2. Ian C. White

    Contributor Level 9

    Answered . Did the tenant provide you with a forwarding address? I presume so since you state that the tenant is ignoring you. Your next course of action would be to file suit against the tenant in small claims court. If the tenant has moved out of the state of Florida, that won't be a problem. Just find out what county they now reside in (whether it's in Florida or another state) and get the former tenant served after you file the complaint. The clerk will automatically set the matter for a Pretrial Conference. If the tenant fails to show, the judge will give you a default judgment and then you have the fun of collecting on the judgment. Getting the judgment will most likely be the easy part. Collecting on the judgment might require you to seek the assistance of an attorney.

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