LawRefs Customized Legal Information
Attorney Renee C. Walsh

Deadline for Filing Lawsuit – Statute of Limitation

The statute of limitation for a particular action is the time allowed by statute for bringing litigation on that particular subject matter. The various Michigan statutes of limitation are set forth below.

For other states, consider searching the state legislature’s website and using search term “limitation of action”.

  • MCL 440-2725 Contracts for Sale
  • MCL 440-2725 Breach of Warranty
  • MCL 445.911 Consumer Protection Act claims
  • MCL 600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases
  • MCL 600.5803 Foreclosure of mortgages
  • MCL 600.5805 Injuries to persons or property
  • MCL 600.5807 Damages for breaches of contract; specific performance; fiduciary bonds; deeds; mortgages; surety bonds; appeal bonds; public obligations
  • MCL 600.5809 Action to enforce noncontractual money obligations
  • MCL 600.5811 Common carriers
  • MCL 600.5813 Other personal actions
  • MCL 600.5815 Scope of limitations; legal and equitable; laches
  • MCL 600.5821 Recovery of land; recovery of public ground; personal actions; maintenance, care, and treatment of persons in state institutions
  • MCL 600.5823 Counterclaims
  • MCL 600.5825 Effect of limits running in favor of some joint obligors but not all
  • MCL 600.5827 Accrual of claim
  • MCL 600.5829 Accrual of claim; right of entry or recovery of possession of land
  • MCL 600.5831 Accrual of claim; mutual and open account current
  • MCL 600.5833 Accrual of claim; breach of warranty of quality or fitness
  • MCL 600.5834 Accrual of claim; common carriers
  • MCL 600.5835 Accrual of claim; life insurance
  • MCL 600.5836 Accrual of claim; installment contracts
  • MCL 600.5837 Accrual of claim; alimony
  • MCL 600.5838 Claim based on malpractice
  • MCL 600.5838aClaim based on medical malpractice
  • MCL 600.5839 Limitation of actions against licensed architect, professional engineer, contractor, or licensed land surveyor
  • MCL 600.5841 Accrual of claim; to person other than person bringing action.
  • MCL 600.5843 Accrual of claim; regaining possession of land; subsequent loss; effect
  • MCL 600.5851 Disabilities of infancy or insanity; tacking of successive disabilities prohibited; year of grace; removing disability of infancy; claim alleging medical malpractice accruing to person 8 years old or less or 13 years old or less; disability of imprisonment; “release from imprisonment” defined
  • MCL 600.5852 Death before period of limitations has run or within 30 days thereafter; commencement of action
  • MCL 600.5853 Absence from state
  • MCL 600.5854 War; inability to prosecute; period of limitation
  • MCL 600.5855 Fraudulent concealment of claim or identity of person liable; discovery
  • MCL 600.5856 Tolling of statute of limitations or repose
  • MCL 600.5861 Cause of action accruing without state; limitation on commencement of action
  • MCL 600.5865 Endorsement or memorandum of payment; evidence
  • MCL 600.5866 Revival of barred claim; written acknowledgment of obligor
  • MCL 600.5867 Presumption as to possession of land; exception
  • MCL 600.5868 Entry and possession
  • MCL 600.5869 Rights governed by law under which right accrued

Discussion:

  1. Is there a statute of limitations for a tenant bringing a claim to small claims court against a landlord for not returning a security deposit or providing a list of damages?

    • Dear Chrissy:

      As an attorney, I would argue that the applicable limitation period is 6 years under either “breach of contract” or “other personal actions”, MCL 600.5807 or MCL 600.5813, respectively.

      That being said, MCL 554.613 provides that failure of the landlord to comply with this section pertaining to retention of security deposit, constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained. Landlords who fail to comply should consider arranging for a fair settlement to remedy their mistake and stay out of court.

  2. Is there a statute of limitations for property encroachment by a fence? Fence has been on property for 10 years and neighbor now claiming it is on her property by 6 inches.

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