The maximum period during which a legal claim can be filed after a cause of action arises. For CAM overcharge disputes, the statute of limitations for written contract claims typically ranges from 3 to 6 years depending on the state.
CAM overcharge claims are contract claims governed by each state's written contract statute of limitations. When the limitations period begins - at the time of each year's overcharge or upon discovery - varies by state and circumstances.
A Texas tenant discovered in 2024 that they had been overcharged since 2018. Under Texas's 4-year statute of limitations for written contracts, they could only recover back to 2020. Two years of overcharges (~$90,000) were time-barred.
Do not wait until lease expiration to audit. The statute of limitations runs from each year's overcharge event. The later you start, the fewer years of recovery are available.
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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.
