Legal Question in Consumer Law in Florida

Statute of limitation

Is that true that I have 4 years from the date my car had been actually towed away (from apartments complex I reside at) by tow truck to sue my landlord who ordered it and/or tow truck company that towed my car?

And if yes, is that true that notice about my intention to sue must be sent to the defendants 1 (ONE) YEAR BEFORE statute of limitation expires or otherwise I lose my right to sue ???


Asked on 6/21/08, 2:41 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Statute of limitation

Assuming that your landlord is not the sovereign (state, governmental agency or political subdivision), you have 4 years to sue for a tort (like negligence). If you have a claim for breach of a written contract (conceivably a breach of your lease agreement), then the statute of limitations is 5 years. No notice of your intent to sue is required; you can just file a lawsuit.

If your landlord is a governmental agency, the same rules as above apply, but you are required to give notice within the three year period.

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Answered on 6/21/08, 4:22 pm


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