What is the Property Damage Statute of Limitations in Arizona?

Understand the statute of limitations for property damage lawsuits in Arizona, and preserve your right to compensation for your losses.

By , J.D. · University of San Francisco School of Law

If you've had your property damaged in Arizona, you might be considering filing a lawsuit against whoever is legally responsible for what happened. In that situation, one of your first considerations is understanding the statute of limitations for property damage claims in Arizona.

The "Statute of Limitations" Defined

For those unfamiliar with the term, a "statute of limitations" is a state law that puts a deadline on your right to file a lawsuit over any kind of legal dispute or harm suffered. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.

Let's explain the filing deadline in Arizona, why this rule is so crucial to your rights, and touch on a few rare exceptions that could extend the filing deadline.

What's the Filing Deadline for Property Damage Lawsuits In Arizona?

In Arizona, a two-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether your potential case involves real property (damage to your house or your land) or personal property (including vehicle damage). You'll find this law spelled out at Arizona Revised Statutes section 12-542.

The statute of limitations "clock" starts running on the day the property damage occurs. That means an Arizona property owner has two years from that date to get any civil lawsuit filed against the person who caused the damage or destruction.

It's important to note that this two-year deadline applies any time you're asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit. Of course, given that the same statute of limitations applies to most injury-based lawsuits in Arizona, chances are that any case involving both personal injury and property damage (a car accident case for example) will be subject to the same two-year filing deadline.

Get more details on how property damage claims work.

What If You Miss the Lawsuit-Filing Deadline In Arizona?

If you try to file your Arizona property damage lawsuit after the two-year window has closed:

  • the defendant (the person you're trying to sue) will almost certainly make a motion asking the court to dismiss the case, and
  • the court will grant the dismissal, unless
  • an exception to the standard deadline applies (more on these in the next section).

If that happens, you've lost your right to any legal remedy for your damaged property. So, even if you're pretty sure your property damage dispute will be resolved out of court, you still want to leave yourself plenty of time to file a lawsuit if settlement talks break down. Otherwise, you've lost all your settlement negotiation leverage.

Extending the Statute of Limitations Deadline in Arizona

In a Arizona property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:

  • If the defendant (the person you're trying to sue) is out of the state when the property damage occurs, or leaves the state afterward (before the lawsuit is filed), the time of their absence usually won't be counted as part of the two-year time period. (Arizona Revised Statutes section 12-501.)
  • If the property owner is "either under eighteen years of age or of unsound mind" at the time the property damage occurs, the period of "disability" (both conditions are considered a "legal disability" in Arizona) won't be counted as part of the two-year period. (Arizona Revised Statutes section 12-502).

Other exceptions may also act to extend the Arizona statute of limitations time limit, but they're too complex to cover in this article. If you've got questions about how the deadline applies to your case, an experienced Arizona attorney will have the answers.

Where Do I File a Property Damage Lawsuit In Arizona?

Most property damage lawsuits are filed in Arizona Superior Court, which has the authority to hear most kinds of civil cases in the state. Each Arizona county has at least one if these courts. You'll likely file your lawsuit in county where the person you're suing lives.

Can I File a Property Damage Lawsuit In Arizona Small Claims Court?

Yes. Small claims court (called "Justice Court" in Arizona) is an option, as long as you're not seeking more than $3,500 as compensation ("damages" in the language of the law) for your damaged or destroyed property. Learn more about Arizona Small Claims (Justice) Court.

Do I Need a Lawyer for an Arizona Property Damage Claim?

It typically makes sense to handle a property damage claim on your own and try to get a fair settlement before you need to take the matter to court, as long as the case is fairly straightforward and the stakes aren't too high. It can even be tough finding a lawyer who's willing to take a standalone property damage claim.

But reaching out to an Arizona lawyer in your area—even if it's only to discuss your options—might be a good idea if, on top of your property damage, your case involves personal injury or some other contentious legal issue. Get tips on finding the right lawyer for you and your case.

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