Statute of limitations in Idaho

The periods in Idaho

In Idaho, the time limit to sue is 5 years for a written contract, 4 years for an oral contract and 3 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: Idaho Code § 5-216 reads “Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.”

An oral contract: Idaho Code § 5-217 reads “Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.”

Damage to property: Idaho Code § 5-218(3) reads “Within three (3) years: … An action for taking, detaining or injuring any goods or chattels.”

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 3 years on March 15, 2029. 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, 8 of 33 give less than Idaho's 3 years (median 3 years). No other verified state has the same combination of periods.

Neighbouring states with verified periods (written / oral / property): Montana 6 / 5 / 2, Nevada 6 / 4 / 3, Oregon 6 / 6 / 6, Washington 6 / 3 / 3 and Wyoming 10 / 8 / 4. Which state's period applies to a dispute that crosses a border is itself a legal question.

Trespass upon real property also has three years (§ 5-218(2)).

The time limit is the same whichever court hears the case. A claim of $15,000 or less can be filed in Idaho small claims (small claims limit), and it must still be filed inside the period above.

Sources: Idaho Legislature, Idaho Code § 5-216; Idaho Legislature, Idaho Code § 5-217; Idaho Legislature, Idaho Code § 5-218 · 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.