What is the Property Damage Statute of Limitations in Maryland?

Comply with Maryland's statute of limitations for property damage lawsuits, and preserve your right to a legal remedy for your losses.

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

If you've had your property damaged by someone else's careless or intentional action in Maryland, you might be considering filing a lawsuit over what happened. If so, it's important to understand the Maryland statute of limitations as it applies to property damage claims.

The "Statute of Limitations" Defined

In case you're not familiar with the term, a "statute of limitations" is a state law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they can get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.

The Filing Deadline for Property Damage Lawsuits In Maryland

In Maryland, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within three years, according to Maryland Courts & Judicial Proceedings Code Ann. section 5-101.

This three-year deadline is set by something of a "catch-all" statute of limitations that applies to cases not specifically mentioned elsewhere in Title 5 of Maryland's Courts & Judicial Proceedings Code, the set of laws that includes the filing deadlines for most civil lawsuits filed in the state's court system.

So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within three years in Maryland. The same goes for a vehicle damage lawsuit after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.

Get more details on how property damage claims work.

What If I Miss the Maryland Statute of Limitations Deadline?

If you try to file your Maryland property damage lawsuit after the three-year filing window has closed, you can count on:

  • the defendant (the person you're trying to sue) making a motion asking the court to dismiss the case, based on the missed deadline, and
  • the court granting the dismissal, unless
  • rare circumstances apply to make an extension of the deadline appropriate (more on this later).

If your lawsuit is dismissed, you've lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Maryland statute of limitations as it applies to property damage claims.

Extending the Statute of Limitations Deadline in Maryland

For most kinds of civil lawsuits in Maryland—including those arising from property damage—a number of situations could effectively extend the three-year lawsuit filing deadline that's set out in the statute of limitations. Let's look at a few of the most common of these.

If the Property Owner is Under a Legal Disability

If, at the time the damage occurs, the property owner is under the age of 18 or has been declared mentally incompetent, they're considered to be under a "legal disability" in Maryland. As a result, the three-year clock doesn't start running until the disability ends (meaning the property owner turns 18 or is declared competent). Note that the property owner's imprisonment or absence from the state won't count as a legal disability in Maryland.

This rule can be found at Maryland Courts & Judicial Proceedings section 5-201.

If the Defendant Is Absent From the State

Another opportunity to extend the deadline might exist if the defendant is "absent from the state" of Maryland when the property damage cause of action "accrues," meaning when the property owner's right to file the lawsuit arises. In that situation, the property owner will have the full three years to file their lawsuit once the defendant returns to the state. (Maryland Courts & Judicial Proceedings Code section 5-205(b).)

Other circumstances may affect the computation of the Maryland statute of limitations. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Maryland attorney will have the answers.

Where Do I File a Property Damage Lawsuit In Maryland?

Where you file your Maryland property damage lawsuit depends largely on how much compensation ("damages" in the language of the law) you're seeking from the person you're suing.

Many property damage lawsuits are filed in circuit court, which has the authority to hear most kinds of civil cases in Maryland.

If you're not asking for more than $30,000 in damages, you can file your property damage lawsuit in Maryland's district courts.

You'll likely file your lawsuit in the Maryland county where the defendant lives (or where its business is located), or where the property damage occurred.

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

Yes. Small claims court is an option, as long as you're not seeking more than $5,000 as compensation for your damaged or destroyed property. Learn more about small claims court in Maryland (from mdcourts.gov).

Do I Need a Lawyer for a Maryland 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 a Maryland 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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