How long does my former landlord have to sue me for alleged damages?
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How long does my former landlord have to sue me for alleged damages?
The statute of llimitations to execute any contract is 5 years in my state. Does this include a lease, even if the lease says that the Landlord has 10 years to sue me? In other words, does the leases stipulation override the State Statutes? I have a crooked landlord trying to sue me for alleged property damages from 7 years ago because she just found out I came into some money. She says she has a lease that allows her to sue me for up to10 years.
Asked on September 21, 2012 under Real Estate Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A lease is a contract between landlord and tenant. If there is an applicable five year statute of limitations, then that is controlling. A contract or lease cannot have a provision which violates a statute. That ten year provision in the lease is void. The remainder of the lease is still valid. The landlord had five years to file the lawsuit.
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