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Time limits to sue · checked October 21, 2026

Statute of limitations in Florida

Written contract 5 years, oral contract 4 years, property damage 4 years: each quoted from the statute below.

Work out a date All states

1234
  1. 1Written contract5 years
  2. 2Oral contract4 years
  3. 3Property damage4 years
  4. 4Main ruleFla. Stat. § 95.11(2)(b)

The periods in Florida

ClaimPeriodStatuteFrom March 15, 2026
Written contract5 yearsFla. Stat. § 95.11(2)(b)March 15, 2031
Oral contract4 yearsFla. Stat. § 95.11(3)(j)March 15, 2030
Property damage4 yearsFla. Stat. § 95.11(3)(g)March 15, 2030

In Florida, the time limit to sue is 5 years for a written contract, 4 years for an oral contract and 4 years for damage to property. Each period runs from the date the claim arises, which statutes usually call the date the cause of action accrues; in the ordinary case that is the day of the breach or the damage.

A written contract: Fla. Stat. § 95.11(2)(b) reads “A legal or equitable action on a contract, obligation, or liability founded on a written instrument.”

An oral contract: Fla. Stat. § 95.11(3)(j) reads “A legal or equitable action on a contract, obligation, or liability not founded on a written instrument.”

Damage to property: Fla. Stat. § 95.11(3)(g) reads “An action for taking, detaining, or injuring personal property.”

Putting the agreement in writing adds 1 year: 5 years for a written contract against 4 years for an oral one, a ratio of 1.3 to 1.

Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 5 years on March 15, 2031, an oral contract reaches its 4 years on March 15, 2030 and damage to property reaches its 4 years on March 15, 2030. Tolling rules (for example while a defendant is out of state, or for a minor) can extend a period, and some claims run from when the harm was discovered; the dates show the plain count only.

Among the 34 jurisdictions verified here, 22 allow longer than 5 years on a written contract and 7 allow less (median 6 years). For property damage, 21 of 33 give less than Florida's 4 years (median 3 years). Nebraska has the same three periods.

Florida has no land neighbours; the closest written-contract periods in the ranking (written / oral / property): Idaho 5 / 4 / 3, Kansas 5 / 3 / 2 and Nebraska 5 / 4 / 4. Which state's period applies to a dispute that crosses a border is itself a legal question.

Trespass on real property also has four years (§ 95.11(3)(f)).

The time limit is the same whichever court hears the case. A claim of $8,000 or less can be filed in Florida small claims (small claims limit), and it must still be filed inside the period above.

5 yearsWritten contract4 yearsOral contract4 yearsProperty damage
The Florida periods side by side, in years (columns to scale).
Florida5 yearsIdaho5 yearsKansas5 yearsNebraska5 yearsMedian, verified6 years
Written-contract limitation periods, Florida against neighbouring or nearest states. Bar lengths are to scale.

Sources: Florida Senate, Florida Statutes § 95.11 (2025) · last checked October 21, 2026.

Before the deadline

A limitation period is a cut-off for filing, not a measure of whether a claim is good. The guide on how limitation periods work explains accrual, tolling and the difference between written and oral contracts, and the small claims filing guide covers the next step.

Questions

What is the statute of limitations for breach of contract in Florida?

5 years for a written contract (Fla. Stat. § 95.11(2)(b)) and 4 years for an oral one (Fla. Stat. § 95.11(3)(j)).

How long do I have to sue for property damage in Florida?

4 years under Fla. Stat. § 95.11(3)(g).

When does the clock start?

When the cause of action accrues, usually the date of the breach or the damage. A claim that arose on March 15, 2026 reaches the Florida periods on March 15, 2031 (a written contract), March 15, 2030 (an oral contract) and March 15, 2030 (damage to property).