Statute of Limitations

Full Definition

The statute of limitations is the period within which a tenant must file a lawsuit after their legal claim arises. For security deposit disputes, the limitation period depends on the legal theory: claims based on the written lease typically have a longer limitations period (3 to 6 years in most states), while claims for statutory violations may have shorter periods (sometimes 1 to 2 years). The clock usually begins running when the landlord's deadline to return the deposit expires -- not from the move-out date. For example, in a state with a 21-day return deadline, the limitations period starts running 22 days after move-out (assuming the tenant provided a forwarding address). Missing the limitations period is fatal to a claim -- the court will dismiss the case even if the landlord clearly violated the law. Certain events can 'toll' (pause) the limitations period, such as the tenant's minority (being under 18), the tenant's absence from the state, or the landlord's fraudulent concealment of the violation.