Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
A:
The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory provision is for a penalty or forfeiture, it would be a 1-year statute of limitations. In the event that an interest in real estate might be involved, it would be a 15-year statute of limitations.
In the last year, the Supreme Court of Kansas had a series of directives in place that suspended the running of statutes of limitation due to the Covid-19 pandemic. That suspension is set to end April 15, 2021.
You should consult with an attorney to determine the specific limitation that would apply and do so immediately. The statute of limitations is an affirmative defense. The defendant must raise the defense (or lose it) and must prove the facts that support it. There are some circumstances in which the statute does not begin to run (if, for example, the defendant concealed a problem) until the cause of action is discovered.
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