Q: Hi - what is the current statute of limitations for residential rent arrears owed? Is it still 6 years?

A: In New York State, the statute of limitations for residential rent arrears is generally six years. This means that a landlord has six years from the date the rent was due to file a lawsuit to recover unpaid rent.

Here are some key points to consider:

1. **Six-Year Limit**: Under New York Civil Practice Law and Rules (CPLR) § 213, the statute of limitations for actions based on a contractual obligation, which includes residential lease agreements, is six years.

2. **Accrual Date**: The six-year period typically begins from the date the rent was due. For example, if a tenant missed a rent payment on January 1, 2023, the landlord would have until January 1, 2029, to file a lawsuit to recover that specific rent payment.

3. **Partial Payments**: If the tenant makes partial payments, it may affect the calculation of the statute of limitations. Each partial payment could potentially reset the clock for the remaining balance owed.

4. **Written Demands and Notices**: While the statute of limitations is six years, landlords often send written demands or notices to tenants regarding unpaid rent. These communications do not extend the statute of limitations but can serve as evidence in a legal proceeding.

5. **Legal Advice**: It's always advisable for both landlords and tenants to seek legal advice if there are disputes over unpaid rent. An attorney can provide guidance specific to the situation and ensure that all legal procedures are followed correctly.

For the most accurate and up-to-date information, consulting with a legal professional or reviewing the New York Civil Practice Law and Rules (CPLR) is recommended.

Aubrey C. Galloway III, Esq.