Statute of Limitations by Claim Type
- Contract claims (most deposit cases): 4-6 years in most states
- Specific security deposit statute claims: Sometimes shorter (1-3 years)
- The clock typically starts when the deposit was due to be returned
- Some states start the clock on the date of the violation, others from discovery
Do Not Rely on the Full Limitations Period
Just because you have 4 years does not mean you should wait 4 years. Evidence degrades: photos may be lost, landlords move, memories fade. The longer you wait, the harder it is to prove your case. File within weeks or months of the violation, not years.
The Demand Letter Resets Nothing
Sending a demand letter does not pause or reset the statute of limitations. The clock keeps running. If the landlord ignores your demand letter, file in court promptly.
Specific State Deadlines
- California: 4 years (contract claim)
- Texas: 4 years (small claims); 2 years for penalty claims in some interpretations
- New York: 6 years (contract)
- Florida: 5 years (contract)
- Washington: 3 years (contract)
- Illinois: 5 years (written contract)
What Happens If You Miss the Deadline
If you file after the statute of limitations expires, your landlord can raise this as a defense and your case will be dismissed. You lose your right to sue permanently. There is no extension unless very narrow exceptions apply (like the landlord actively concealed their whereabouts from you).