What Is the Property Damage Statute of Limitations In Florida?

If your Florida property has been damaged, you might consider a lawsuit against the person or business you think is legally responsible. If so, you need to understand Florida's statute of limitations for property damage claims, and a few related state laws. We'll walk you through the basics.

What Is a "Statute of Limitations"?

A "statute of limitations" is a state law that puts a deadline on your time to file a lawsuit in court. Every state has these laws—lots of them—and the time limits usually depend on the subject matter of the lawsuit.

Florida's Property Damage Lawsuit Statute of Limitations

For most lawsuits seeking repair or replacement of damaged or destroyed property, Florida applies a four-year statute of limitations. This four-year deadline applies whether the suit involves:

• real property (your house or your land), or
• personal property (including vehicle damage).

Specifically, Fla. Stat. § 95.11(3) (2025) says that a four-year time limit applies to a civil (non-criminal) lawsuit for:

• property damage resulting from the planning of a construction project, or the actual construction of that project, and
• taking or injuring personal property—which includes damage to everything from vehicles to jewelry, furniture, and most other personal items.

A Different Statute of Limitations Might Apply

Like all states, Florida has different statutes of limitations for different kinds of cases. Sometimes, it isn't clear which statute of limitations should apply to a claim. Here's one example.

Suppose a negligent driver runs a red light and hits your car, causing significant property damage. Florida's general negligence statute of limitations, Fla. Stat. § 95.11(5)(a) (2025), says that lawsuits based on negligence must be filed in court within two years. So, do you have two years to sue for the damage to your car, or can you rely on the more generous four-year deadline?

Unfortunately, the answer isn't clear. Florida courts or the legislature will need to resolve this conflict. To be on the safe side, you should presume that the shorter, two-year negligence statute would apply. If you aren't sure what the filing deadline is in your case, speak to a Florida personal injury or property damage attorney right away.

Property Damage Caused By a Construction Defect

Florida's four-year property damage limitation probably applies to most lawsuits concerning the "design, planning, or construction of an improvement to real property." In other words, this is the deadline for lawsuits over property damage caused by Florida construction defects.

But when does the statute of limitations clock start running? The answer depends on whether the defect was easily discoverable, or was hidden ("latent," in the language of the law). Under Fla. Stat. § 95.11(3)(b) (2025), when the defect is hidden or difficult to discover, the clock runs from the date you:

• discovered the problem, or
• should have discovered it, had you been reasonably diligent to look for defects.

Note, importantly, that yet another deadline (called a "statute of repose") applies in latent defect cases. Most Florida construction defect lawsuits must be filed within seven years from the date the project was completed, regardless of when the problem was (or reasonably could have been) discovered.

This area of the law can get complicated, so it might make sense to talk to a Florida attorney if your property damage case involves a construction defect.

Learn more about Florida new home construction defect cases.

What Happens If You Miss the Filing Deadline?

Try to file your Florida property damage lawsuit after the four-year deadline has passed, and the defendant (the person you're trying to sue) will almost certainly ask the court to dismiss your case. Except in rare cases where an extension is available (see the next section), the court will grant the dismissal. Should that happen, you've lost your right to any legal remedy for your damaged property.

Even if you're pretty sure your property damage case will settle, be sure to leave yourself plenty of time to file a lawsuit.

Can Florida's Statute of Limitations Deadline Be Extended?

In a Florida property damage lawsuit, a few situations could pause ("toll" in legalese) or extend the lawsuit filing deadline. These include when:

• the defendant was (or is) out of the state for any part of the four-year period
• the defendant goes into hiding within the state, or uses a false name, so that service of your lawsuit isn't possible, and
• the plaintiff is a minor or has been declared legally incompetent.

(Fla. Stat. § 95.051(1)(a)-(c) (2025).)

Two additional points. First, these exceptions don't apply if you're able to serve the defendant with your lawsuit. Second, other exceptions might apply. Your attorney can provide the details.

Where Do I File a Florida Property Damage Lawsuit?

Most Florida property damage lawsuits are filed in the state's county courts, which are authorized to hear cases where the amount in dispute doesn't exceed $50,000. There's a Florida county court in each of the state's 67 counties. Chances are you'll file your lawsuit in the county where the defendant lives (or if it's a company, has its main place of business), or where your property damage occurred.

If you're asking for more than $50,000, you'll need to file your lawsuit in one of Florida's 20 circuit courts.

Finally, if you're not asking for more than $8,000 in damages, you can file your case in Florida small claims court. Small claims court is informal, the process is more streamlined, and you'll probably get a resolution more quickly than in circuit court or county court.

Do I Need a Lawyer for a Florida Property Damage Claim?

Especially in a case where the property damage is minor, you might consider handling the claim on your own. It could be hard finding a lawyer who's willing to take on your case. But reaching out to a Florida attorney—even if only to discuss your options—is a good idea if:

• the underlying incident involved personal injury, a construction defect, or some other legal issue in addition to the property damage
• you're unsure about which statute of limitations applies to your case, or
• the insurance adjuster's conduct during the claim process seems outlandish or unprofessional to you, making a bad faith insurance claim a possibility.

Get tips on finding the right lawyer for you and your case.