Statue of LImitations in FL---rental agreement collections

Florida Statutes of Limitation Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11. Libel, slander, or unpaid wages: 2 years. Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years. The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument. Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

If it has been two years since the money became due, you should have another three years left before the statute of limitations runs out. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

If you hire someone to collect, that person must follow the Fair Debt Collection Practices Act. If not, then you can just sue for the money. Make sure that you follow state requirements for serving the other party. If you cannot locate the tenant, you may not be able to serve him. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

But, if you did not have a written lease, then the statute of limitations in FL is 4 years from the time of the default.