Is there a time limit for filing a small claims casefor back rent and other costsregarding an evicted tenant?

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Is there a time limit for filing a small claims casefor back rent and other costsregarding an evicted tenant?

Evicted almost 6 months ago.

Asked on June 21, 2011 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Landlord tenant law is very specific to an area and the best person to ask about this is really an attorney in your area.  But remember that a lease is also a contract and the time to sue - also known as the Statute of Limitations - is really that based in contract law for the state of Oregon.  My concern here is how the tenant left.  Was it in a Court proceeding - like an eviction - and you did not ask for back rent or for a a judgment?  Then you may be stopped from bringing another action against the tenant.  File it.  If they contest you may want to seek legal help.  Or a consultation before hand just to be sure.  Good luck.


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