Commercial Property Lawsuit Deadlines in Florida

Florida gives you a set amount of time to file a lawsuit, and the amount depends on the type of claim. A written contract or lease claim generally has five years. Many oral agreement and fraud claims generally have four. Construction and lien claims follow their own timing rules. This guide walks through each type, so you can see where your commercial property dispute may fit.

The Short Answer: Florida Deadlines for Commercial Property Claims

The deadline depends on the type of claim, not on the property itself. Florida’s main limitations rules sit in Fla. Stat. § 95.11. A single dispute can touch more than one deadline, so start by naming the legal claim.

The clock generally starts when the cause of action accrues. Under Fla. Stat. § 95.031, a cause of action accrues when its last element occurs. People often count from the day they first noticed a problem. The statute counts from the last element of the claim, which is a fact question. A missed rent payment, a failed closing, and a hidden defect can each start a different clock.

Write down the key dates now, while they are fresh. For the bigger picture, read our overview of commercial property lawsuits in Florida.

Written Contracts and Commercial Leases: Five Years

A lawsuit on a written contract generally must start within five years. That covers written commercial leases, purchase and sale agreements, and written service or property management contracts. Fla. Stat. § 95.11 sets periods by type of claim, such as twenty years for an action on a judgment or decree of a court of record in this state.

In many cases the clock starts at the breach. A breach is a failure to do what the contract requires, such as a missed rent payment, a tenant who won’t move out, or a seller who won’t close. Timing questions in a contract dispute depend on the facts of each matter. Under Fla. Stat. § 95.031, it starts when the last element of the claim occurs.

Two rules affect leases. First, a contract can’t shorten the deadline. Under Fla. Stat. § 95.03, a clause that sets a shorter filing period than the statute is void. Second, Part I of Chapter 83 covers nonresidential tenancies, under Fla. Stat. § 83.001. If a commercial tenant won’t give up possession at lease end, the landlord may demand double the monthly rent under Fla. Stat. § 83.06.

For lockout situations, see our guide on landlord lockouts.

Oral Agreements, Fraud, and Misrepresentation: Four Years

A claim on an oral agreement generally falls under a four-year period. A fraud claim generally also has four years. Written contracts get the longer five-year period, so the wording of the deal matters.

Fraud clocks run from discovery. The case must still start within 12 years after the fraud, no matter when it was found. Examples include a seller’s false statement about a building’s condition, zoning, or rental income.

Keep records that show when the business first learned of the problem. An email, an inspection report, or a bank statement can help. The discovery date is a fact question that often gets disputed.

Oral deals are also harder to enforce. In DK Arena v. EB Acquisitions, the Florida Supreme Court held that promissory estoppel cannot be used to enforce an oral agreement the Statute of Frauds requires to be in a signed writing.

Negligence and Damage to Commercial Property: Shorter Windows

Negligence claims generally carry a shorter deadline than contract claims, so check them early. Negligence means careless conduct that causes harm. Intentional acts are handled differently, so the claim label affects which timing rules may apply.

Common commercial examples include a contractor’s careless repair that floods a unit, or debris falling from a neighboring building. Water that seeps through a shared wall is another example. Each one can raise a negligence question.

A business can have a contract claim and a negligence claim from the same event. Each claim has its own clock, so one date doesn’t control the whole dispute. Our page on neighbors blocking access to commercial property covers blocked-access disputes.

Gather evidence while it’s recent. Photos, repair invoices, and written notices are easier to use when they’re fresh.

Construction and Improvement Claims: Four Years and a Repose Limit

Claims about the design, planning, or construction of an improvement to real property generally must be commenced within four years under Fla. Stat. § 95.11(3)(b). In any event, the outer limit is seven years, measured from the earliest of the following: the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed. The four years start at the earliest of several trigger dates. Those include a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of unfinished work.

Hidden flaws change the start. For a latent defect, the clock runs from when the defect was discovered or should have been discovered with due diligence. The action must still start within seven years of the certificate or abandonment date. That seven-year outer limit is a statute of repose. It can end a claim even when the defect was never found.

Repairs don’t restart the clock. For work done under a duly issued building permit and certificate, correcting or repairing completed work doesn’t extend the filing period.

Contractor and subcontractor disputes, and construction contract fraud, each have their own trigger dates. Check each one separately. Once you know which deadline applies, review the commercial property lawsuit process in Hillsborough County.

Lien Enforcement and How the Clock Starts

A lien deadline can differ from the general contract period, so check it early.

One project can carry a lien deadline, a contract deadline, and a construction defect deadline at the same time. Each one needs its own check.

Some events pause the clock. Under Fla. Stat. § 95.051, the running of the limitations period is tolled, or paused, while an arbitral proceeding pertaining to a dispute that is the subject of the action is pending. A payment of any part of the principal or interest of an obligation or liability founded on a written instrument also tolls the period.

Claims against a payment bond follow other provisions, including s. 713.23, as § 95.11 notes.

Why Timing Affects Your Options, and Talking With Our Team

Waiting can cost you evidence, even while the deadline is still open. Emails, photos, lease records, and inspection reports can be lost or hard to match to events over time. Witnesses’ memories fade too. A lockout or a recorded lien keeps affecting the business while a dispute sits.

Eduardo A. Maura is the responsible lawyer for this page. Ayala Law PA focuses on business litigation, including commercial and contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation, and international trade disputes in Florida courts and arbitration. The firm serves businesses in Tampa, Hillsborough County, and the Tampa Bay area. The firm’s office is at 1646 W Snow Ave, Tampa, Florida.

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