Is the a statue of limitations on eviction proceedings?
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Is the a statue of limitations on eviction proceedings?
My landlord filed for eviction 4 months ago; I responded and moved out the following month. My lease was up and my landlord knew for several months that I was moving out. We had a disagreement and he put an eviction on place. He filed a notice of nonpayment the day after I vacated; nothing has been done with the case to date. Can I now file a motion to dismiss? This is holding me up from relocating out of state because I don’t want to end up defaulting by not showing up if I ever get a court date.
Asked on June 12, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country, once a tenant has vacted a unit the "unlawful detainer action" that may be pending is rendered moot because the whole purpose of such an action is to get possession of the rental.
In your situation, you might consider filing a pleading with the court stating that you have vacated the rental if the landlord does not agree to dismiss the proceeding against you.
In short, there is no per se statute of limitations for an eviction matter.
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