How long do I have to file a small claim against my old landlord?

UPDATED: Mar 29, 2012

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How long do I have to file a small claim against my old landlord?

I was overcharged during the year I stayed there. For late fees, they let me pay $75 per day instead of $15 per day. I asked for my rental history to be pulled, but they say they don’t have it. I have several reciepts shwoing I paid too much in one month, with late fees. This was in 5-6 years ago. I want to know if it’s too late to take them to small claims court.

Asked on March 29, 2012 under Bankruptcy Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was your lease written or oral (sometimes incorrectly called verbal)? A lease is a contract; a cause of action for violating the terms of your lease (e.g. charging you more than you should have paid) is a cause of action for breach of contracdt. In IN, a breach of contract action may be instituted up to six years after the breach for an oral contract, and up to ten years after the breach if the contract was written.

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