Florida statute of limitations for contract claims

Under Florida law, the statute of limitations for contract claims depends on whether the contract is written or oral.

Rule (Statutory Authority)

The applicable limitations period is set forth in Fla. Stat. § 95.11 (2025). Specifically:

• Written Contracts – Under Fla. Stat. § 95.11(2)(b), an action on a contract, obligation, or liability founded on a written instrument must be filed within five years from the date the cause of action accrues.
• Oral Contracts – Under Fla. Stat. § 95.11(3)(k), an action on a contract, obligation, or liability not founded on a written instrument (i.e., an oral contract) must be filed within four years from the date the cause of action accrues.

Application and Analysis

A cause of action for breach of contract generally accrues when the breach occurs, not when the parties discover the breach, unless the contract itself specifies a different accrual condition. For example, in Medical Jet, S.A. v. Signature Flight Support-Miami, Inc., 941 So. 2d 576 (Fla. 3d DCA 2006), the court held that a breach of contract claim accrues at the time of the breach, even if damages are not immediately realized.

Some exceptions exist, such as contracts involving installment payments or continuing obligations, where the statute may run separately on each breach. Similarly, if the contract includes a tolling or waiver provision, or if one of the tolling provisions identified in Fla. Stat. § 95.051 applies, the filing period may be extended.

Conclusion

Florida’s statute of limitations for contract claims is five years for written contracts and four years for oral contracts. Plaintiffs should calculate the time from the date the alleged breach occurred, while also considering possible tolling under Fla. Stat. § 95.051.[1][2]