How long do you have to collect unpaid rent?

Unpaid rent is a contract debt

When a renter moves out owing rent, you can usually pursue it like other debts under a contract. Pennsylvania's landlord and tenant act, for example, lets a landlord sue for rent in arrears as a debt, and the court may allow interest where that is fair (68 P.S. § 250.301). West Virginia allows rent to be recovered by a court action, with interest as on other contracts (W. Va. Code 37-6-9).

This guide is general information, not legal advice. Ask a local attorney about the deadline in your case.

Statutes of limitations: four examples

The deadline depends on your state and on whether the lease was written:

• Florida: five years for an action on a contract founded on a written instrument, and four years when the contract is not written (Fla. Stat. § 95.11(2)(b), (3)(j)).
• New York: six years for an action on a contractual obligation or liability, with listed exceptions (N.Y. C.P.L.R. 213(2)).
• Ohio: six years for an action on a written agreement, contract or promise, with listed exceptions (Ohio Rev. Code § 2305.06).
• Washington: six years for an action on a contract in writing (RCW 4.16.040(1)).

When the clock starts, and whether anything pauses or restarts it, is a question of your state's law. Do not borrow another state's deadline.

Settle the security deposit first

The deposit is often the first place unpaid rent is recovered, but deposit deadlines are far shorter than lawsuit deadlines, and in some states missing them costs you the right to keep anything:

• Florida: to keep any part, send written notice of your claim within 30 days after the rental agreement ends, by certified mail to the tenant's last known mailing address (Fla. Stat. § 83.49(3)).
• New York: give an itemized statement within 14 days after the tenant vacates; miss it and you lose the right to keep any part of the deposit (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)).
• Ohio: itemize deductions in a written notice and deliver it with any amount due within 30 days after the agreement ends and the tenant delivers possession (Ohio Rev. Code § 5321.16(B)).
• Washington: give a full and specific statement of the reasons for keeping any of the deposit, with supporting documents, within 30 days after the lease ends and the tenant moves out (RCW 59.18.280).

Small claims court

For a balance above the deposit, small claims court is often the simplest route. Limits vary:

• Ohio: money claims up to $6,000, not counting interest and costs; a lawyer is allowed but not required (Ohio Rev. Code § 1925.02).
• Washington: up to $10,000 when brought by an individual and $5,000 in other cases, such as by a company. Evictions are not heard there (RCW 12.40.010).
• New York: up to $10,000 in New York City Civil Court, $5,000 in city courts outside New York City and in district courts, and $3,000 in town and village justice courts (N.Y.C. Civ. Ct. Act § 1801; N.Y. Uniform City Ct. Act § 1801; N.Y. Uniform Just. Ct. Act § 1801).

If the renter is still in the home, the rent claim may be part of the eviction case. In Ohio, a claim for past-due rent may be tried with the eviction or brought on its own in small claims (Ohio Rev. Code § 1923.081).

Late fees and interest

Check what you may add to the claim. Washington lets an eviction judgment include late fees only if the lease provides for them, and only up to $75 in total (RCW 59.18.410(1)). North Carolina allows a late fee only once for each late payment (N.C. Gen. Stat. § 42-46(b)).

A judgment is not the same as payment

Winning gives you a court judgment. Collecting it is a separate step that uses the court's enforcement process, which differs by state. If you hire a collection agency, the CFPB notes that federal law bars debt collectors from using unfair or deceptive practices to collect a debt. If you report the debt to a credit bureau, the FTC says landlords who furnish information such as late rent or evictions have duties under the Fair Credit Reporting Act and its Furnisher Rule.

Build your file before you file

• The signed lease and any renewals or addenda.
• The ledger showing every charge and payment.
• Notices you sent and proof of how they were delivered.
• The move-out date and your deposit itemization.
• Messages about the balance or a payment plan.
• The renter's forwarding address.

A written payment plan sometimes recovers more than a lawsuit would. Weigh filing fees, your time and the chance of collecting against the amount owed.

How Rentari helps

Rentari keeps the lease and its documents, the ledger, receipts and messages on the lease record, so the file a court will ask for is in one place. Rentari keeps the record; it does not file claims or collect debts for you.

Sources and further reading

• Fla. Stat. § 95.11: limitations other than real property actions (Florida)
• N.Y. C.P.L.R. 213: actions to be commenced within six years (New York)
• Ohio Rev. Code § 2305.06: written contracts (Ohio)
• RCW 4.16.040: actions limited to six years (Washington)
• Pennsylvania Landlord and Tenant Act of 1951
• RCW 12.40.010: small claims (Washington)
• Ohio Rev. Code § 1925.02: small claims jurisdiction (Ohio)
• CFPB: Get help paying rent and bills
• FTC: Using consumer reports, what landlords need to know

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