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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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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