Waiver or extension of statute of limitations

Reviewed by Marcus A. Hall, Founder
Red flag
Often unenforceable, and a signal of a problem landlord.
Quick answer

Extending the statute of limitations lets the landlord sue you years after you move out. Often unenforceable in residential leases.

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What it actually means

Statutes of limitations exist to prevent stale claims. A 3-year-old rent dispute shouldn't haunt you.

Courts generally don't let parties extend limitations beyond statutory maximums in residential contexts.

What it looks like in a lease

"Tenant agrees that the statute of limitations for any claim by Landlord shall be ten (10) years from the date of breach."

What to watch for

  • State statutory limits
  • Whether it's an extension or waiver

How to negotiate it

'Please remove this clause. Statutory limits apply.'

When it crosses into a red flag

  • Extension beyond 6 years

Frequently asked questions

What's a normal limit?

Most contract claims have 3–6 year limits. Check your state.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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