Florida's Statute of Limitations: Know Your Deadlines
Here's something that surprises a lot of people: you can have a rock-solid legal claim — evidence, witnesses, damages, everything — and still lose. Not because the facts are against you, but because you waited too long to file.
In Florida, the statute of limitations sets a hard deadline for filing a lawsuit. Once that clock runs out, the court will almost certainly dismiss your case, and the other side doesn't even have to argue the merits. The deadline alone kills it.
If you're a business owner, property owner, or someone managing a family estate in South Florida, these deadlines directly affect you. Here's what you need to know.
What Is a Statute of Limitations?
Simply put, it's the law that says you must file your lawsuit within a certain number of years after the problem occurred. Miss the window, and your right to sue is gone.
Florida's deadlines are set out in Chapter 95 of the Florida Statutes. Different types of claims have different time limits, and some situations can pause — or "toll" — the clock. But you should never count on tolling to save you. Get moving early.
Key Florida Deadlines You Need to Know
Written Contracts — 5 Years
Under Florida Statutes § 95.11(2)(b), you have five years to sue for breach of a written contract. This covers business agreements, loan documents, purchase contracts, and more.This sounds like plenty of time. It isn't. Disputes take months to develop, evidence gets lost, witnesses move away, and people drag their feet hoping things resolve on their own. If you have a contract dispute, don't sit on it. Check out our breach of contract guide for a breakdown of what you need to prove and when to act.
Oral Contracts — 4 Years
Handshake deals have a shorter runway. Under § 95.11(3)(k), oral contract claims must be filed within four years. If you're running a business on verbal agreements — stop. Get things in writing. But if you're already in a dispute over an oral deal, start counting from the date the other side breached.Fraud — 4 Years
Fraud claims fall under § 95.11(3)(j) and carry a four-year limit, but there's a twist: the clock can start from the date you discovered the fraud (or reasonably should have). This is one of those areas where the tolling rules actually matter, but you should still move quickly once you suspect something is wrong.Real Property and Title Issues — 4 to 7 Years
Real estate disputes have varying deadlines depending on the claim. Actions related to recovery of real property can extend to seven years under § 95.11(1). Title disputes, boundary encroachments, and adverse possession claims all have their own timelines. If you're dealing with a property dispute in Broward, Miami-Dade, or Palm Beach County, this is an area where a few months of delay can be extremely costly. Our team handles real estate litigation across South Florida and can help you assess your situation fast.Personal Injury — 2 Years
As of 2023, Florida cut the personal injury statute of limitations from four years to two under HB 837, codified in § 95.11(3)(a). This is one of the most significant recent changes to Florida tort law. If you or someone in your family was injured, two years goes faster than you think.Probate Claims — Strict and Short
When someone passes away, creditors and claimants face very tight windows to assert claims against an estate. Generally, creditors have 30 days after receiving a notice to creditors, or three months from the first publication of that notice — whichever is later, under Florida Statutes § 733.702. Miss that window in a probate proceeding and your claim is barred, period. Use our probate timeline to understand how the process unfolds and where these deadlines fall.What Can Pause the Clock?
Certain circumstances can toll — meaning temporarily stop — the statute of limitations. Common examples in Florida include:
- Minority: The clock generally doesn't run against someone who is under 18 until they reach adulthood.
- Fraud or concealment: If the defendant actively hid the wrongdoing, courts may push back the start date.
- Absence from Florida: If a defendant leaves the state, that time period may not count against you.
- Legal disability: Mental incapacity can toll the statute in limited circumstances.
But again — don't plan around tolling. It's a legal argument you have to win, not a guarantee.
Why Business Owners Get Burned
I see this pattern constantly: a business owner has a legitimate dispute with a contractor, a former partner, or a vendor. They spend a year or two trying to negotiate. They send emails, make calls, maybe hire a business consultant. Then they finally decide to sue — and they're either right at the deadline or past it.
If you're in a business dispute, the time to get an attorney involved is not when negotiations fall apart. It's early, so someone is watching the clock while you're still trying to resolve things.
Also worth noting: your business entity structure can affect your legal exposure and how you pursue or defend claims. If you haven't organized your business properly, take five minutes and try our business entity quiz to see where you stand.
Protecting Yourself Before a Dispute Arises
The best way to deal with statute of limitations issues is to avoid the underlying disputes in the first place — or at least put yourself in a position to act quickly when something goes wrong.
That means:
- Get contracts in writing. Every time.
- Document everything. Emails, texts, invoices, photos — keep them organized.
- Know your agreements. Understand what the other side owes you and when.
- Don't wait. The moment something feels wrong, talk to an attorney.
For families managing assets or thinking about what happens when they're gone, estate planning is how you reduce the chance that your loved ones end up in a time-pressured legal scramble. Our estate planning checklist is a good place to start.
The Bottom Line
Florida's statutes of limitations are unforgiving. Courts don't make exceptions because you didn't know about the deadline, because you were trying to work things out, or because you thought you had more time. The deadline is the deadline.
If you have a legal issue — a contract dispute, a property problem, a business disagreement, a claim against an estate — the single most important thing you can do right now is find out how much time you have left. Then act accordingly.
Talk to The Kogan Firm
At The Kogan Firm, P.A., we've been handling litigation and legal disputes in South Florida's circuit courts for over 17 years. We know these deadlines cold, and we move fast when we need to.
If you're not sure whether a deadline applies to your situation — or if you're worried one may be approaching — contact us today for a free consultation. Don't let the clock run out on a valid claim.
This post is for informational purposes only and does not constitute legal advice.
