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Statute of Limitations for Property Loss in Texas

Filing a Lawsuit for Property Damage and Loss

Have you experienced property damage and property loss in Texas? Whether your case involves real property or personal property, it’s important to be aware of the statute of limitations for filing a lawsuit and seeking compensation for the damages you suffered. Our Houston real estate lawyers can provide legal assistance and representation from preparing your property loss claim to representing you in court.

Texas Filing Deadline for Property Loss

A statute of limitations refers to the amount of time that can pass before you file a case in court. In Texas, the time limit to file a lawsuit for the purpose of seeking compensation for the damaged and destroyed property is two years. Note that the “clock” for the time limit starts on the day that the property was damaged or destroyed. Consult an experienced real estate attorney if you’re unsure whether you can still file a case for your property loss and damage.

After the Statute of Limitations Has Passed

If you filed a property damage claim after the deadline has passed, the other party will most likely file a motion to the court to have the case dismissed. In most cases, the court grants the motion for dismissal, which means that you’ve lost your right to any legal remedy for your damaged or lost property. Talk to a Houston real estate attorney if you need legal help preparing and filing your property loss claim.

Texas Statute of Limitations Extensions

As with most other kinds of civil lawsuits, there are a few situations that extend a case’s statute of limitations.

  • If the defendant was not in the state of Texas at some point during the two-year period, that amount of time is not included in the “clock” for the statute of limitations.
  • If the property owner was under a legal disability at the time of the property loss or property damage, then the time of their disability is not included in the two-year period.

If you’re considering filing a property damage or property loss claim in Texas or Illinois, our attorneys at Chargois Harper can help! Contact our Houston Texas real estate attorneys today to schedule a FREE consultation.


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