The number of prior lease years a tenant can audit or dispute under their lease terms and applicable statute of limitations. The lookback period determines how far back an overcharge recovery can extend.
The lookback period is the shorter of: (1) what the lease permits (some leases limit audits to the prior 1-2 years), and (2) the state's statute of limitations for written contract claims (typically 3-6 years). If your lease is silent, the statute of limitations usually controls.
A tenant discovered systematic overcharges going back 7 years. Their lease limited audits to 'the immediately preceding lease year.' Despite a 6-year state statute of limitations, the tenant recovered only one year of overcharges.
If your lease limits your lookback period, try to audit every year on time. If you missed years, consult an attorney - some states have discovery rule exceptions that toll the statute of limitations when the overcharge was concealed. Extract the lookback provision from your lease with lextract.io.
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Find My OverchargesThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.
