After moving out, how long does a landlord have to sue for backed rent?

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After moving out, how long does a landlord have to sue for backed rent?

We moved out of a house a year and 3 months ago. The landlord contacted me last week saying we owe a months rent that was never paid and some damages. He kept our security deposit and it’s above that amount. Is there a cap on the amount of time he can come back on us?

Asked on June 18, 2012 under Real Estate Law, South Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, ordinarily a landlord has at least two (2) if not four (4) years to file a lawsuit against his or her former tenant for unpaid rent under an oral or written contract for money that is owed. Theories of recovery would be breach of an oral/written contract or common counts.

The cap on any statute of limitations based upon your question would be four (4) years from the breach of the agreement.


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