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Time limits to sue · checked October 21, 2026

Statute of limitations in Montana

Written contract 6 years, oral contract 5 years, property damage 2 years: each quoted from the statute below.

Work out a date All states

1234
  1. 1Written contract6 years
  2. 2Oral contract5 years
  3. 3Property damage2 years
  4. 4Main ruleMCA 27-2-202(1)

The periods in Montana

ClaimPeriodStatuteFrom March 15, 2026
Written contract6 yearsMCA 27-2-202(1)March 15, 2032
Oral contract5 yearsMCA 27-2-202(2)March 15, 2031
Property damage2 yearsMCA 27-2-207(1)March 15, 2028

In Montana, the time limit to sue is 6 years for a written contract, 5 years for an oral contract and 2 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: MCA 27-2-202(1) reads “The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years.”

An oral contract: MCA 27-2-202(2) reads “The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.”

Damage to property: MCA 27-2-207(1) reads “Within 2 years is the period prescribed for the commencement of an action for: (1) injury to or waste or trespass on real or personal property.”

Putting the agreement in writing adds 1 year: 6 years for a written contract against 5 years for an oral one, a ratio of 1.2 to 1.

Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 6 years on March 15, 2032, an oral contract reaches its 5 years on March 15, 2031 and damage to property reaches its 2 years on March 15, 2028. 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, 6 allow longer than 6 years on a written contract and 12 allow less (median 6 years). For property damage, 0 of 33 give less than Montana's 2 years (median 3 years). No other verified state has the same combination of periods.

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

The history note on § 27-2-202 lists an amendment by Chapter 174, Laws of 2025; the six-year written-contract figure is the current text.

The time limit is the same whichever court hears the case. A claim of $7,000 or less can be filed in Montana small claims (small claims limit), and it must still be filed inside the period above.

6 yearsWritten contract5 yearsOral contract2 yearsProperty damage
The Montana periods side by side, in years (columns to scale).
Wyoming10 yearsMontana6 yearsNorth Dakota6 yearsSouth Dakota6 yearsIdaho5 yearsMedian, verified6 years
Written-contract limitation periods, Montana against neighbouring or nearest states. Bar lengths are to scale.

Sources: Montana Legislature, MCA 27-2-202; Montana Legislature, MCA 27-2-207 · 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 Montana?

6 years for a written contract (MCA 27-2-202(1)) and 5 years for an oral one (MCA 27-2-202(2)).

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

2 years under MCA 27-2-207(1).

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 Montana periods on March 15, 2032 (a written contract), March 15, 2031 (an oral contract) and March 15, 2028 (damage to property).