When you sign a lease agreement, you hope both parties will live up to their end of the bargain through the lease period. Landlord-tenant disputes are not uncommon, however. And when these disputes amount to a breach of the lease agreement, you may pursue the liable party for damages.
If you are considering taking legal action for breach of the lease agreement, it is important to understand that time is of the essence. New York, like other states, has a time period within which you must bring your civil claim. This is known as the statute of limitations.
Understanding the statute of limitations
Basically, the statute of limitations is the deadline within which you must file a lawsuit. Each type of case has its own statute of limitations. Thus, with a few exceptions, a seemingly genuine claim can be thrown out if you file after the expiry of the statute of limitations period.
So how much time do you have to bring a landlord-tenant dispute before a court of law in New York?
Most landlord-tenant disputes happen when one party breaches the lease contract. Per New York law, you can usually sue the breaching party within six years from the date they breached the lease agreement. Unlike other states, New York is not bound by the discovery rule. Thus, your case will likely be struck out if you argue your case on this premise.
Asserting your rights following a breach of the lease agreement
The key to moving forward with a breach of lease lawsuit is to begin by establishing if it falls within the statute of limitations period. Keep in mind that no two breaches are the same. Understanding how New York landlord-tenant laws work can help you safeguard your rights and interests when pursuing the breaching party for damages.