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Last page edit 12/17/07
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When to File Suit (Statute of Limitations) (Maryland Code, Courts and Judicial Proceedings, Title 5, Limitations, Prohibited Actions, and Immunities) A civil action must generally be filed within 3 years from the date the cause of action arose, with the following exceptions of interest to tenants and landlords: If the cause of action is based on a judgment of a court or on a lease under seal, the time limit is 12 years. (Section 5-102) A
lease may be considered a document under seal if the word
"seal" appears If a person is kept in ignorance of a cause of action by the fraud of an adverse person, the cause of action is considered to arise when the first person discovers the fraud, or when by use of ordinary diligence he should have discovered the fraud. (Section 5-203) In the case of a minor or a mentally incompetent person, if the time limit for the cause of action is less than 3 years, then suit must be filed within that lesser period after the disability is removed. If the time limit is 3 years, the person has 3 years to file suit after the disability is removed. If the time limit still has more than 3 years to run when the disability is removed, then suit may be filed at any time during that longer period. (Section 5-201) Last date of legal review 5/01(BNI) Source: Baltimore Neighborhoods Inc. |
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